and not over 5 feet 6 inches in the clear where above 2,500 people. All the before mentioned balconies and staircases shall be constructed of iron throughout, including the floors, and of ample strength to sustain the load to be carried by them, and they shall be covered with a metal hood or awning, to be constructed in such manner as shall be approved by the superintendent of buildings. Where one side of the building borders on the street, there shall be balconies and staircases of like capacity and kind, as before mentioned, carried to the ground. 13. Diagram of exits. A diagram or plan of each tier, gallery or floor, showing distinctly the exits therefrom, each occupying a space not less than 15 square inches, shall be printed in black lines in a legible manner on the programme of the performance. Every exit shall have over the same on the inside the word "Exit" painted in legible letters not less than 8 inches high. $528. Partitions and walls. The partitions in that portion of the building which contains the auditorium, the entrance and vestibule and every room and passage devoted to the use of the audience shall be constructed of fireproof materials including the furring of outside or other walls. The walls separating the actors' dressing rooms from the stage and the partitions dividing the dressing rooms, together with the partitions of every passageway from the same to the stage, and all other partitions on or about the stage, shall be constructed of fireproof material approved by the superintendent of buildings. All doors in any of said partitions shall be fireproof. § 529. Proscenium construction.-A fire wall, built of brick, shall separate the auditorium from the stage. The same shall extend at least 4 feet above the stage roof, or the auditorium roof, if the latter be the higher, and shall be coped. Above the proscenium opening there shall be an iron girder of sufficient strength to safely support the load above, and the same shall be covered with fireproof materials to protect it from the heat. Should there be constructed an orchestra over the stage, above the proscenium opening, the said orchestra shall be placed on the auditorium side of the proscenium fire wall, and shall be entered only from the auditorium side of said wall. The molded frame around the proscenium opening shall be formed entirely of fireproof materials; if metal be used, the metal shall be filled in solid with non-combustible material and securely anchored to the wall with iron. No doorway or opening through the proscenium wall, from the auditorium, shall be allowed above the level of the first floor, and such first floor openings shall have fireproof doors on each face of the wall, and the doors shall be hung so as to be opened from either side at all times. $530. Protective curtain.-The proscenium opening shall be provided with a fireproof metal curtain, or a curtain of absestos or other fireproof material approved by the superintendent of buildings, sliding at each end within iron grooves, securely fastened to the brick wall and extending into such grooves to a depth of not less than 6 inches on each side of the opening. The proscenium curtains shall be placed at least 3 feet distant from the footlights, at the nearest point. Said fireproof curtain shall be raised at the commencement of each performance and lowered at the close thereof, and be operated by approved machinery for that purpose. § 531. Roof of auditorium.-The roof over the auditorium and the entire main floor of the auditorium and vestibule, also the entire floor of the second story of the front superstructure over the entrance, lobby and corridors, and all galleries and support for the same in the auditorium shall be constructed of iron and steel and fireproof materials, not excluding the use of wood floorboards and necessary sleepers to fasten the same to, but such sleepers shall not mean timbers of support, and the space between the sleepers, excepting a portion under the stepping in the galleries, which shall be properly fire stopped, shall be solidly filled with incombustible material up to under side of the floor boards. § 532. Seats. All seats in the auditorium, excepting those contained in boxes, shall be not less than 32 inches from back to back, measured in a horizontal direction, and firmly secured to the floor. There shall be not more than 14 seats in any row extending from one aisle to another, nor more than 7 seats in any row extending from one aisle to a wall. No stool or seat shall be placed in any aisle. All platforms in galleries formed to receive the seats shall not be more than 21 inches in height of riser, nor less than 32 inches in width of platform. (Amend. ord. app. Aug. 8, 1916.) § 533. Stage. 1. Construction.-All that portion of the stage not comprised in the working of scenery, traps and other mechanical apparatus for the presentation of a scene, usually equal to the width of the proscenium opening, shall be built of iron or steel beams filled in between with fireproof material, and all girders for the support of said beams shall be of wrought iron or rolled steel. The fly galleries, entire, including pin-rails, shall be constructed of iron or steel, and the floors of said galleries shall be composed of iron or steel beams, filled with fireproof materials, and no wood boards or sleepers shall be used as covering beams, but the said floors shall be entirely fireproof. The rigging loft shall be fireproof. 2. Skylights. There shall be provided over the stage, metal skylights of an area or combined area of at least 1/8 the area of said stage, fitted up with sliding sash and glazed with double thick sheet glass not exceeding 1-12 of an inch thick, and each pane thereof measuring not less than 300 square inches and the whole of which skylight shall be so constructed as to open instantly on the cutting or burning of a hempen cord, which shall be arranged to hold said skylights closed, or some other equally simple approved device for opening them may be provided. Immediately underneath the glass of said skylights there shall be wire netting, but wire glass shall not be used in lieu of this requirement. 3. Scenery and fittings. All stage scenery, curtains and decorations made of combustible material, and all woodwork on or about the stage, shall be painted or saturated with some non-combustible material or otherwise rendered safe against fire, and the finishing coats of paint applied to all woodwork through the entire building shall be of such kind as will resist fire to the satisfaction of the superintendent of buildings having jurisdiction. § 534. Miscellaneous requirements. 1. Ceilings.-The ceiling under each gallery shall be entirely formed of fireproof materials. The ceiling of the auditorium shall be formed of fireproof materials. 2. Ceiling coverings. None of the walls or ceilings shall be covered with wood sheathing, canvas or any combustible material. But this shall not exclude the use of wood wainscoting to a height not to exceed 6 feet, which shall be filled in solid between the wainscoting and the wall with fireproof materials. 3. Fronts of galleries. The fronts of each gallery shall be formed of fireproof materials, except the capping, which may be made of wood. 4. Lathing. All lathing, whenever used, shall be of wire or other metal. 5. Shelving and cupboards. All shelving and cupboards in each and every dressing room, property room or other storage rooms, shall be constructed of metal, slate or some fireproof material. § 535. Storage rooms; workshops.-No workshop, storage or general property room shall be allowed above the auditorium or stage, or under the same or in any of the fly galleries. All of said rooms or shops may be located in the rear or at the side of the stage, but in such cases they shall be separated from the stage by a brick wall, and the openings leading into said portions shall have fireproof doors on each side of the openings, hung to iron eyes built into the wall. § 536. Use and occupancy. 1. Restrictions. No portion of any building hereafter erected or altered, used or intended to be used for theatrical or other purposes as in this section specified, shall be occupied or used as a hotel, boarding or lodging house, factory, workshop or manufactory, or for storage purposes, except as may be hereafter specially provided for. This restriction relates not only to that portion of the building which contains the auditorium and the stage, but applies also to the entire structure in conjunction therewith. No store or room contained in the building, or the offices, stores or apartments adjoining, as aforesaid, shall be let or used for carrying on any business, dealing in articles designated as specially hazardous in the classification of the New York Board of Fire Underwriters, or for manufacturing purposes. No lodging accommodations shall be allowed in any part of the building communicating with the auditorium. When located on a corner lot, that portion of the premises bordering on the side street and not required for the uses of the theatre may, if such portion be not more than 25 feet in width, be used for offices, stores or apartments, provided the walls separating this portion from the theatre proper are carried up solidly to and through the roof, and that a fireproof exit is provided for the theatre on each tier, equal to the combined width of exits opening on opposite sides in each tier, communicating with balconies and staircases leading to the street in manner provided elsewhere in this section; said exit passages shall be entirely cut off by brick walls from said offices, stores or apartments, and the floors and ceilings in each tier shall be fireproof. 2. Above theatre. Nothing herein contained shall prevent a roof garden, art gallery or rooms for similar purposes being placed above a theatre or public building, provided the floor of the same, forming the roof over such theatre or building, shall be constructed of iron or steel and fireproof materials, and that said floor shall have no covering boards or sleepers of wood, but shall be of tile or cement. Every roof over said garden or rooms shall have all supports and rafters of iron or steel, and be covered with glass or fireproof materials, or both, but no such roof garden, art gallery or room for any public purposes shall be placed over or above that portion of any theatre or other building which is used as a stage. § 537. Jurisdiction of fire commissioner. The standpipes, gas pipes, electric wires, hose, footlights and all apparatus for the extinguishing of fire or guarding against the same, as in this article specified, shall be in charge and under control of the fire department, and the fire commissioner is hereby directed to see that the provisions of this article relating thereto are carried out and enforced. § 538. Saving clause.-The provisions of the foregoing article shall not be construed to mean or made to apply to any theatre, opera house or building intended to be used for theatrical or operatic purposes, lawfully erected prior to June 3, 1904, nor to any public dance hall which was approved by the Superintendent of Buildings having jurisdiction and which was licensed as a public dance hall on September 30, 1916. (As amend. by Ord. app. Nov. 16, 1916.) As to former § 109a B. C., see Brill v. Miller, 140 App. Div. 602. ARTICLE 26 MISCELLANEOUS STRUCTURES Sec. 550. Exhibition buildings. (Repealed Nov. 23, 1915.) § 560. Definitions. For the purposes of this article, the term a-Elevator shall mean any device within or in connection with a building or structure used for carrying persons or things upward or downward; b-Passenger elevator shall mean and include any elevator designed and used for carrying persons other than those necessary for its safe operation or for the handling of things carried by it; c-Freight elevator shall mean and include any elevator designed and used for the carrying of things and of such persons only as are necessary for its safe operation or the handling of things carried by it; d-Amusement device shall mean and include all mechanically operated devices which are used to convey persons in any direction as a form of amusement. § 561. Rules. The superintendent of buildings shall make rules consistent with the provisions of this article, regulating, with a view to safety, the construction, maintenance and operation of all elevators and amusement devices, now existing or hereafter installed. § 562. Permits.-No passenger or freight elevator shall hereafter be installed or altered in any building, nor shall any amusement device be hereafter constructed or altered, until the owner or lessee, or the agent, architect or contractor or any of them, shall have submitted to the superintendent of buildings, in such form as the superintendent may prescribe, an application accompanied by plans and drawings showing the proposed construction and mode of operation, and such application has been approved by the superintendent and a permit has been issued by him. Repairs to elevators and amusement devices may be made without filing such application, except when such repairs include a change in the type of elevator or of its motive power, or when any change in safety devices or operating mechanism is made. § 563. Certificate.-Whenever a passenger or freight elevator or an amusement device is hereafter installed or constructed, it shall be unlawful for the owner or lessee to operate or permit the operation or use of the same until a certificate shall have been obtained from the superintendent of buildings that such elevator or amusement device has been inspected and has been found to be safe. The superintendent of buildings shall, within a reasonable time after being requested to do so, inspect or cause to be inspected, any elevator or amusement device hereafter installed or constructed, and, if the same is found to be safe and in conformity with the provisions of this article and the rules adopted thereunder, shall issue a certificate to that effect. Nothing herein contained shall prevent the temporary use under a certificate issued by the superintendent of buildings of any elevator during construction, provided a notice is conspicuously posted on or in connection with such elevator to the effect that such elevator has not been officially approved. § 564. Record of passenger elevators. Every passenger elevator shall be given a serial number for purposes of identification. In the case of elevators hereafter installed such serial number shall be assigned when the first certificate is issued, and in the case of existing elevators, as soon as inspection can be made for that purpose. A docket of all passenger elevators shall be kept in each borough, giving under the corresponding serial number a description of its location sufficient for identification, together with such other information as to type of construction, motive power, rise, rated speed, inspection, etc., as the superintendent of buildings may deem desirable. The owner or lessee, or agent of either, shall cause such number, together with the most recent certificate of inspection, to be attached or posted in the elevator car in the manner prescribed by the rules. § 565. Inspection.-The superintendent of buildings shall cause an inspection of all passenger elevators to be made at least once in every 3 months and of freight elevators and amusement devices at least twice in each year. Upon notice from the superintendent of |