Montclair Municipal Code Ch. 10.52 Temporary Structures

It is unlawful for any person to erect, cause to be erected, or maintain any temporary structure for a circus, carnival, exhibition, or other place of amusement or for any religious, educational or recreational purposes or for any other public assemblages whatsoever within the City without first having made application for and received permission to do so in accordance with the conditions and limitations set forth in this chapter.

(Prior code § 8-11.01)

A. The applicant for such a permit shall file an application in writing with the Director of Community Development at least 60 days prior to such erection or use, which application shall be accompanied by a set of building plans, in duplicate, drawn to approximate scale, which shall indicate clearly:

1. The type of construction;

2. The seating arrangements;

3. The aisles;

4. The structural details and calculations of the seats and supports;

5. The location of all electrical wiring;

6. The location of all exits;

7. The location of all fire equipment within the structure and the specifications of such equipment; and

8. The location, insofar as feasible, of adjacent structures and obstructions which might hinder the free egress of persons from the exits.

B. Such application shall further specify:

1. Whether any open flame is intended to be used within the structure and, if so, what safety precautions shall be taken;

2. The name of the person, firm or corporation which shall use the structure;

3. The location of the principal place of business of such person, firm or corporation;

4. The names and addresses of the officers of such firm or corporation;

5. The length of time the structure is intended to be used for the purposes applied for;

6. The hours of the day or night during which such structure is intended to be used as a place of assembly;

7. A Certificate of Flame Resistance as required by the Office of the State Fire Marshal;

8. What provisions have been made for sanitary facilities for persons using the premises on which such structure is to be erected or is maintained; and

9. Such other relevant information as the Director of Community Development may require.

C. Such application and plans shall be submitted to the Fire Chief at least 10 days prior to the date of the opening of any such structure, and the Fire Chief shall be notified at least 48 hours prior to the erection of such structure so that an inspection may be made during reasonable daylight hours.

(Ord. 99-791 Exh. A (part); prior code § 8-11.02)

If the Director of Community Development finds that there has been or will be compliance with the application provisions of this chapter, the Director of Community Development may issue a permit to erect or maintain said structure conditional upon such reasonable limitations and requirements as may be deemed necessary for the safety of persons or property. If the Director of Community Development finds that there has not been compliance with the application provisions or that inadequate provisions have been or made or will be made by the applicant for the protection of persons or property, he/she shall deny the issuance of the requested permit and return all fund deposited for such permit to the applicant.

(Ord. 99-791 Exh. A (part): prior code § 8-11.03)

A. Findings Prerequisite to Issuance. Notwithstanding any other provisions contained in this Code, a permit for a temporary structure to be used as a business establishment may be obtained upon proper application to the Director of Community Development when the following five conditions have been met:

1. That the applicant's regularly established place of business has been substantially destroyed by fire, flood, windstorm, earthquake, or other casualty rendering the applicant's building at least temporarily unusable for the previous use;

2. That a temporary structure is reasonable and necessary for the maintenance of such business;

3. That the applicant, in good faith, intends to reconstruct the damaged premises within a reasonable time;

4. That the denial of such a permit will work a substantial hardship on the applicant; and

5. That the granting of such a permit will not be materially detrimental to the public welfare or injurious to other property or improvements in the vicinity and zone in which the subject property is located.

B. Application. The application for such a permit shall contain, so far as applicable, all the information and requirements specified in this chapter.

C. Term. No permit issued pursuant to this section shall be valid for a period in excess of 60 days, except that the permit may be extended for an additional 30-day period upon application to the Director of Community Development prior to the expiration of the original permit period.

(Ord. 99-791 Exh. A (part): prior code § 8-11.12)

The applicant shall pay to the City a fee in the amount of Two Hundred (200) dollars per day for each day of construction, maintenance or existence of such temporary structure. Such fee shall not be applied to temporary structures for which permits are issued pursuant to Section 10.52.040 of this chapter entitled "Casualty loss permits."

(Ord. 99-791 Exh. A (part); prior code § 8-11.04)

The applicant shall furnish evidence that a public liability insurance policy in the amount of One Million (1,000,000) Dollars, combined single limit, shall be in force and effect at the time such structure is to be occupied as a place of assembly by the public. The City of Montclair shall also be specified as a named insured on the policy of insurance required in this section.

(Ord. 99-791 Exh. A (part): prior code § 8-11.05)

The applicant shall deposit with the City Treasurer a cash bond in the amount of Five Thousand (5000) Dollars, conditioned upon saving harmless the City from any and all liabilities or causes of action which might arise by virtue of the granting of a permit to the applicant and conditioned further that no damage will be done to the streets, sewers, trees, or adjoining property and that no dirt, paper, litter, or other debris will be permitted to remain upon the streets or upon any private property by such applicant. Such cash bond shall be returned to the applicant upon certification by the Chief of Police that there has been compliance with all the conditions of this chapter.

(Ord. 99-791 Exh. A (part); prior code § 8-11.06)

If the Director of Community Development shall determine that the attendance of police officers or fire equipment at the location of the structure during its use is necessary for the safety of persons and property, the Director of Community Development shall require that the applicant deposit with the Director of Community Development a sum equal to the reasonable value of the use of such officers or equipment in order to reimburse the City for such expense.

(Ord. 99-791 Exh. A (part); prior code § 8-11.07)

The Fire Chief shall determine if the applicant has made provision for:

A. Adequate aisles, seats, platforms and poles;

B. Sufficient, well marked, and properly lighted exits;

C. Sufficient first aid and fire appliances to be distributed throughout the structure with operating personnel familiar with the operation of such equipment available and assigned during the use of such structure as a place of assembly;

D. Sufficient "No Smoking" signs visible at all times;

E. Proper safeguarding of any use of open flames. The Fire Chief may determine that the use of open flames is prohibited;

F. Such special fire equipment to attend at such structure during its use as a place of public assembly as the Fire Chief may decide is necessary for proper fire protection;

G. The attendance of such special police officers and fire personnel as the Fire Chief may deem necessary for the control of persons in the assembly to prevent overcrowding, obstruction of aisles and exits, and such other controls as may be necessary to render the occupation of such structure by the public safe; and

H. The tent and canvas parts of the structure and all combustible decorative materials, including curtains, acoustic materials, streamers, cloth, cotton batting, straw, vines, leaves, trees and moss, to be rendered fireproof.

(Ord. 99-791 Exh. A (part); prior code § 8-11.08)

Upon completion of such structure, it shall not be used as a place of assembly until the Fire Chief and Police Chief, or their authorized agents, have inspected the entire premises.

(Prior code § 8-11.09)

If the Community Development Director and Police Chief or Fire Chief, or their duly authorized agents, find that such structure, or the premises on which it is located, is constructed or is being maintained in violation of any of the provisions of the permit or of this chapter, or that the structure or premises are being maintained otherwise in such a manner as to be a danger to the safety of persons or property, the permit issued may be revoked.

(Ord. 99-791 Exh. A (part); prior code § 8-11.10)

Any person whose permit has been denied or revoked may, within 10 days after receipt of notice thereof, appeal in writing, filed with the City Clerk, to the City Council for a hearing thereon, and the decision of the City Council shall be final. If no appeal is made within 10 days, the action taken shall be final.

(Ord. 99-791 Exh. A (part); prior code § 8-11.11)