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Home My WebLink About99 025 Reg-Public Halls/Licence · · · · THE CORPORATION OF THE TOWNSHIP OF KINCARDINE-BRUCE- TIVERTON BY-LAW NO. 1999 - 25 BEING A BY-LAW FOR PUBLIC HALL LICENSING IN THE TOWNSHIP OF KINCARDINE-BRUCE-TIVERTON WHEREAS Section 236 of the Municipal Act, R.S.O. 1990, as amended, gives municipalities the authority to regulate and license Public Halls; WHEREAS the physical requirements of public halls are set out in the Ontario Fire Code, Ontario Regulation 67/87, as amended, and the Ontario Building Code Act, R.S.O. 1990, Chapter B.13, Regulation 419/86, as amended; and WHEREAS the Council of The Corporation of the Township of Kincardine-Bruce- Tiverton deems it expedient to regulate public halls in the Township of Kincardine- Bruce- Tiverton; NOW THEREFORE BE IT RESOLVED THAT the Council of The Corporation of the Township of Kincardine-Bruce-Tiverton ENACTS as follows: 1.0 DEFINITIONS 1.1 "Owner" means a person who has in respect of premises an estate for life or a greater estate, legal or equitable, or a leasehold estate; 1.2 "Public Hall" means a building, including a portable building or tent with a seating capacity for over 100 persons that is offered for use or used as a place of public assembly, but does not include a theatre within the meaning of the Theatres Act or a building, except a tent, used solely for religious purposes. 1.3 "Municipality" means The Corporation of the Township of Kincardine-Bruce- Tiverton. 2.0 FEES 2.1 No Owner shall operate a public hall or allow any building or part thereof to be used as a public hall within the Township of Kincardine-Bruce-Tiverton unless he holds a public hall license issued by the treasurer of the Municipality for which the fees payable are set out in the Municipality's Consolidated Fee By-law. 2.2 No license or fee shall be required for a public hall with a licensed capacity of less than 100 persons. 2.3 The Fire Chiefs of the Township of Kincardine-Bruce-Tiverton shall determine the licensed capacity of a public hall. 2.4 If the ownership of a public hall changes during the year, the new Owner shall obtain a transfer of license from the treasurer of the Municipality upon payment of the fee as set out in the Municipality's Consolidated Fee By-law. · · · · 2 By-law No. 1999 - 25 Public Hall Licensing By-law 2.5 The Owner of a public hall shall obtain a license in advance of each calendar year or before a new public hall opens, whichever applies. 2.6 Every religious organization using a hall for entertainment given or held by it shall comply with the licensing requirements of this By-law, except that no license fee is payable. 3.0 REQUIREMENTS 3.1 Every Owner of a public hall, including religious organizations, shall ensure, as a condition for issuing a public hall license, that the Owner's public hall complies in all respects with: a) The Ontario Fire Code if the public hall is an existing building, or b) the Ontario Fire Code and the Ontario Building Code if the public hall is a newly-constructed building. 3.2 The application form for a public hall license shall be in the form as attached as Schedule "A". 3.3 Each owner shall submit with their public hall license application a proposed seating plan for the public hall together with any other information requested by the fire chief, the chief of police or the local inspector of Ontario Hydro. 3.4 As a condition of obtaining a public hall license, the Owner shall arrange for the fire chief or designated official to inspect the public hall in order that the fire chief or designated official may confirm that the public hall is in accordance with the aforementioned Ontario Fire Code andlor Ontario Building Code with respect to fire safety requirements. 3.5 As a condition of obtaining a public hall license, the owner shall arrange for the chief of police or designated official to inspect the public hall in order that the Council may confirm that the public hall meets all reasonable requirements the Council may establish. 3.6 As a condition of obtaining a public hall license, the Owner shall arrange for the local inspector of Ontario Hydro to inspect the public hall in order that the local inspector may confirm that the electrical wiring in the public hall is satisfactory. 3.7 The Owner shall arrange for all of the aforementioned inspections to take place within three months of the application for the public hall license. 3.8 The Council may consider recommendations from the fire chief, the chief of police or the local inspector of Ontario Hydro to establish whatever reasonable requirements or restrictions they consider warranted as a condition to issuing the public hall license. 3. 9 The Owner shall submit with every application for a public hall license written proof of liability insurance in an amount of not less than $1,000,000. 3.10 The Owner shall at all times take all necessary steps to maintain law and order. · 3 By-Law No. 1999 - 25 Public License By-law 4.0 INSPECTION AND ENFORCEMENT 4.1 After a public hall license has been issued, the fire chief, the chief of police or their designated officials may enter the public hall at all reasonable times to inspect such hall and to enforce the provisions of the Ontario Fire Code, the Ontario Building Code (if applicable) and any reasonable requirements imposed by the fire chief or the chief of police. 4.2 The fire chief or chief of police or their designated officials may, at any time, order the evacuation of a public hall when the occupants of a public hall are, in their opinion, endangered by a hazardous condition, and may enter the hall at any time in order to ascertain such condition. 4.3 The Municipality may revoke the license granted for any public hall: · a) whose owner does not comply with the conditions in either sections 3.10, 4.1 or 4.2; or b) it the public hall is in contravention of the Ontario Fire Code or, if applicable, the Ontario Building Code; or c) where the number of people in the public hall exceeds the limits outlined in their license. 4.4 Any person who contravenes any of the provisions of this by-law is guilty of an offence and shall, on conviction thereof, forfeit and pay a penalty of not more than $2,000.00 for each offence, exclusive of costs, and every such fine is recoverable under the Provincial offences Act. 5.0 MISCELLANEOUS · 5.1 By-law No. 4554 of the former Town of Kincardine, being a by-law to provide for the licensing of public halls passed on the 6th day of October, 1983, be and the same is hereby repealed. 5.2 If there is a conflict between this by-law and any other by-law this by-law will take precedence. 5.3 This by-law shall come into full force and effect at the time of its passing. 5.4 The short title of this by-law shall be cited as the "Public Hall Licensing By-law". READ a FIRST, SECOND and THIRD time and FINALLY PASSED this 7th day of April, 1999. · ~~ e e e e 4 By-law No. 1999 - 25 Public Hall Licensing By-law SCHEDULE "A" APPLICATION FOR A PUBLIC HALL LICENCE IN THE KINCARDINE WARD WITHIN THE CORPORATION OF THE TOWNSHIP OF KINCARDINE-BRUCE- TIVERTON I (or we) Of the Kincardine Ward within the Township of Kincardine-Bruce-Tiverton do hereby apply for a PUBLIC HALL LICENCE for Address: Postal Code: Capacity: persons Proof of liability insurance of at least $1,000,000 is attached Date: Signed: Position: I hereby certify that I or an authorized officer of this department have inspected the public hall within the last three months and confIrm that it conforms with applicable sections of the Ontario Fire Code and that the reported capacity above is accurate. Date: Signed: Fire Chief ...............................................-............................... I hereby certify that I or an authorized officer of this department have inspected the public hall within the last three months and confIrm that it conforms with the applicable sections of the Ontario Building Code. Date: Signed: Chief Building Official ............................................................................... Proof on Insurance Attached? Fee: Date of Issue: Licence No.