Environmental Planning and Assessment Regulation 2000
Historical version for 2 May 2008 to 30 June 2008 (accessed 3 August 2020 at 22:41) Current version
Schedule 3A
Schedule 3A Places of public entertainment
(Clauses 46A, 98C and 136E)
1   Dangerous entertainment
(1)  Public entertainment must not involve:
(a)  the discharge of ammunition from a firearm, or
(b)  the use of any material or thing giving off a level of heat or toxicity that poses a threat of harm to patrons or members of the audience, or
(c)  the use of fireworks unless the use of the fireworks is in accordance with a licence granted under the Explosives Act 2003, or
(d)  the use of a sharp implement in a manner that poses a threat of harm to patrons or members of the audience, or
(e)  the screening of a nitrate film.
(2)  In this clause:
fireworks does not include fireworks that are permitted to be used without a licence under the Explosives Act 2003.
2   Stage management
During a stage performance, there must be at least one suitably trained person in attendance in the stage area at all times for the purpose of operating, whenever necessary, any proscenium safety curtain, drencher system and smoke exhaust system.
3   Proscenium safety curtains
If a proscenium safety curtain is installed at a place of public entertainment:
(a)  there must be no obstruction to the opening or closing of the safety curtain, and
(b)  the safety curtain must be operable at all times.
4   Projection suites
(1)  Where there is a projection suite at a place of public entertainment, the requirements of NSW Part H101.17 in Volume One of the Building Code of Australia must be complied with.
(2)  When a film is being screened at a place of public entertainment, at least one person trained in the operation of the projectors being used and in the use of the fire fighting equipment provided in the room where the projectors are installed (the projection room) must be in attendance at the place of public entertainment.
(3)  If the projection room is not fitted with automatic fire suppression equipment and a smoke detection system, in accordance with the Building Code of Australia, the person required by subclause (2) to be in attendance must be in the projection suite in which the projection room is located during the screening of a film.
(4)  No member of the public is to be present in the projection suite during the screening of a film.
5   Marking of aisles and cross-overs
If it is intended that the audience at a performance be seated on the floor, aisles and cross-overs are to be clearly defined on the floor.
6   Seating in rows
Seating set out in rows must comply with relevant provisions set out in:
(a)  in the case of seating in a temporary structure—NSW Part H102.10 in Volume One of the Building Code of Australia, and
(b)  in the case of seating set out in any other kind of building—NSW Part H101.11 in Volume One of the Building Code of Australia.
7   Seating in paths of travel to designated exit
The audience at a performance must not be seated, and seating must not be located, in aisles or other paths of travel to a designated exit.
8   Aisle lights to be on
Aisle lights referred to in NSW Part H101.20.3 in Volume One of the Building Code of Australia must be on when the public is in attendance and the main auditorium lighting is dimmed or off.
9   Locks
Any key-operated fastening fitted to an exit door or gate used by the public as a main entrance must be arranged so that, whenever the public is in attendance, the tongue or bolt is locked in the retracted position to enable the door or gate to yield to pressure from within.
10   Rope barriers
If a rope barrier is used across or at the side of an aisle:
(a)  the barrier must be secured with spring clips that become unfastened when pressure is exerted on the rope, and
(b)  the barrier must have a centre fastening only, and
(c)  the barrier must not trail on the floor when released.
11   Emergency evacuation plans
(1)  An emergency evacuation plan must be prepared, maintained and implemented for any building (other than a temporary structure) used as a place of public entertainment.
(2)  An emergency evacuation plan is a plan that specifies the following:
(a)  the location of all exits, and fire protection and safety equipment, for any part of the building used as a place of public entertainment,
(b)  the number of any fire safety officers that are to be present during performances,
(c)  how the audience are to be evacuated from the building in the event of a fire or other emergency.
(3)  Any fire safety officers appointed to be present during performances must have appropriate training in evacuating persons from the building in the event of a fire or other emergency.
12   Council may require fire safety information
The owner or occupier of a building that is used as a place of public entertainment must, if required to do so at any time by the council of the area in which the building is located, furnish to the council a certificate from a registered testing authority (within the meaning of the Building Code of Australia) or other approved testing authority, as to the early fire hazard or flammability properties of the finish of a wall, ceiling or floor, or of a curtain, blind or cinematograph screen.
13   Upholstery, curtains or blinds
Any upholstery, curtains or blinds must, on installation (including replacement), comply with any relevant specifications set out in the following:
(a)  in the case of any upholstery, curtains or blinds installed in a temporary structure—NSW Part H102.7 in Volume One of the Building Code of Australia,
(b)  in the case of any upholstery, curtains or blinds installed in any other kind of building—Specification C1.10a and NSW Specification C1.10 in Volume One of the Building Code of Australia.