Richmond Municipal Code Ch. 8.24 Canvas Tents and Structures of Flammable Material

(a) For the purpose of this chapter, a PLACE OF ASSEMBLAGE shall include any circus, side show, carnival, tent show, theater, skating rink, dance hall, or any other exhibition, production, engagement or offering, or other place of assemblage in or under which ten or more persons may gather for any lawful purpose.

(b) A "tent" is defined as any structure or enclosure constructed of canvas or other combustible fabric, or of any other material that is more conductive to the rapid spread of fire than one inch nominal thickness Oregon pine wood.

It shall be unlawful for any person to establish, maintain or operate any place of assemblage in any tent or other fabric enclosure within the limits of the City of Richmond without first having made application to and received permission to do so in accordance with the conditions and limitations as set out in this chapter.

The applicant for such a permit shall file with the City Clerk an application in writing, addressed to the City Council of the City of Richmond, which application shall be accompanied by a set of building plans, in duplicate, drawn to scale, which shall indicate clearly:

(a) (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,

(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 precautions are to be taken to render it safe,

(2) The name of the person, firm or corporation which will 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) The formula of the solution which is to be used to flameproof the structure,

(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,

(9) Such other relevant information as the Chief of the Fire Department of the City of Richmond may require.

(c) The applicant shall furnish evidence that a public liability insurance policy in amounts of not less than fifty thousand dollars for one person and one hundred thousand dollars for any one accident shall be in force and effect at the time such structure is to be occupied as a place of assembly by the public.

(d) The applicant shall deposit with the City Treasurer a cash bond or surety bond in the sum of one thousand dollars in a form approved by the City Attorney, conditioned upon saving harmless the City of Richmond 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 bond shall be returned to the applicant upon certification by the City of Richmond that all conditions of this chapter have been complied with.

(e) Such application and plans shall be submitted to the City Clerk at least ten days prior to the date of the opening of any such structure.

(f) All such applications shall be referred forthwith to the Chief of the Fire Department, the Director of Public Health and the Planning Director of the City of Richmond.

The Chief of the Fire Department shall determine if the application meets the rules and regulations of Title 19, Subchapter 2, of the California Administrative Code entitled "Canvas Tents and Structures of Similar Flammable Material," which rules and regulations have been promulgated by the State Fire Marshal under authority contained in Section 13116 of the Health and Safety Code of the State of California.

The Director of Public Health shall make an inspection to determine if provision has been made for satisfactory. and adequate sanitary. facilities on the premises on which the structure is maintained or is to be maintained.

The Planning Director shall review the application and determine whether the proposed site and use comply with the necessary provisions of the zoning ordinance of the City of Richmond.

Within seven days the Chief of the Fire Department, Director of Public Health and the Planning Director shall make written reports of their findings and recommendations concerning the application.

The Council of the City of Richmond may, upon receiving such written reports, grant such permit if it finds all of the provisions required herein are to be or have been complied with, unless it shall appear to said Council that the operation and maintenance of the structure and its accompanying use will, under the circumstances of the particular case, be detrimental to the over-all health, safety, peace, morals, comfort and general welfare of the persons residing or working in the neighborhood. Further, in granting the permit the Council may put reasonable limits on the hours of operation and the length of time the structure is intended to be used for the purpose specified.

(a) Upon completion of such structure, it shall not be used as a place of assembly until the Chief of the Fire Department has inspected the entire premises upon which the structure is located.

(b) If the Chief of the Fire Department finds that all of the limitations and regulations of the permit and this chapter have been complied with and that the structure has been erected in accordance with the plans and specifications submitted with the application, he shall report his findings to the Superintendent of Building Regulations.

(c) It shall be unlawful for any person to cause or permit the occupancy of any such structure as a place of assembly without the issuance of an occupancy permit as provided in the zoning ordinance of the City of Richmond. Before such an occupancy permit is issued, there shall be provided at least one off-street improved parking space having a gross area of not less than two hundred fifty square feet for even ten seats provided in said structure. Said parking space shall be located on the same lot as the structure or within a distance of five hundred feet therefrom. Such parking area shall be so located to provide adequate and safe ingress and egress of the public way.

(Source: Ordinance No. 1777)

Every person who is issued a permit pursuant to this chapter shall, upon expiration of such permit, pay to the City at the office of the City Clerk, an inspection fee based upon the actual costs to the City of the inspections conducted by the Director of Public Health and the Chief of the Fire Department, and the actual costs to the City in the enforcement of the provisions of this chapter. Such costs shall be determined by the Director of Public Health and the Chief of the Fire Department and the bond required by subdivision (d) of Section 8.24.030 shall be security for payment of such fee.

(Added by Ordinance No. 165 N.S.)

If the Chief of the Fire Department finds that such structure, or the premises on which it is located, is being maintained in violation of any of the provisions of the permit or in violation of any of the provisions of this chapter, or in such a manner as to constitute a fire hazard, he may cause any permit issued hereunder to be revoked.

(Source: Ordinance No. 1777)