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Topic: Xenon Lamps--Toxic?
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Frank Angel
Film God
Posts: 5305
From: Brooklyn NY USA
Registered: Dec 1999
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posted 10-29-2004 07:05 AM
If that is the case, and you feel the regulation is outdated and you have been operating for 15yrs with other inspectors not citing you, and especially if other similar regulations are still on the books that pertain to long abandoned methods of operations (such as those relating to nitrate film use), you can present a prima facia case that the regulation is obsolete and you are demanding a variance from the city regulatory agency, whichever it is that administers those codes.
More than likely this same thing has been done for a variety of regs as would have to have been the case when platters came in to use; there were all kinds of regulations governing how much (or rather how little) film was allow exposed to air in the booth, how many total number of feet of film could be contained in the booth at one time....etc. Those regs may never have been revoked but somewhere along the line, some exhibitor or big chain got a variance so they could put in a platter. Same with fire walls, fire shutters, etc. I would guess that most new builds don't have fire shutters and certainly they don't have double fire walls that isolated the booth from the theatre proper. When single screens began to be routinely converted into those hideous multiplexes, all those old regs went bye-bye. The fire regs and building codes that were written to protect theatres from the hellish evils of nitrate stock were either quickly revised or variances were obtained so they could be legally ignored. I am sure you could get the same for this foolish reg about exhaust stacks.
Check out other booths. If a big chain has a similar "violation" that has been ignored by the inspectors, that would be a very good addition to any plea for variance or to actually get the code revised. If say a Sony Theatre booth has the same condition, you might be able to get the big guns to go in on a petition to get the reg altered or completely removed from the code books. And if they are not interested in helping you, you could still name them and claim unfair hardship is being directed only at you which would be a restraint of trade and unfair practice. But usually exhibitors would find it to be in their own best interest to get changed in their favor. You might find yourself standing up there along side a slew of big chain lawyers. And be sure of this....the bigger the cat making the hissing sound, the quicker the bureaucRATs sit up and take notice!
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Jason Black
Phenomenal Film Handler
Posts: 1723
From: Myrtle Beach, SC, USA
Registered: Nov 2000
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posted 10-29-2004 09:39 PM
Daryl,
Taking the case to court will require greater expenditures than paying the HVAC crew to extend the vent tubes the extra 2' they need to be moved.
While I agree with your feeling that certain codes should allow for what I call 'common sense' variances, it is often an unwise choice to question a code inspector. I witnessed a pissed off electrical inspector state that a theatre (3 days from opening) would require further inspection after a frosty machine (of all things) was found with no UL label. At that point, he demanded to see UL labels on ALL electrical equipment in the building. He wanted to see it immediately, or he would be back for further inspection "when he could get to it". This is the same A-hole who took out a neutral screw from the main breaker panel, looked at it, then measured it to see if it was the proper length. Thank God it was at least green, as code required.
Bottom line, as someone else already stated, treat the person with soem respect, not with an attitude, and you'll generally be ok. I had a friend who owns a restaurant (among many other things)... The health dept. came around for routine inspection. Just so happened that my friend knew that the inspector was recently 'estranged' from his wife... so what does he do? Asks how the wife is.... LOL... Needless to say, 6 years later, he STILL catches grief on all his inspections...
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