The Waterbury Democrat., 1932-12-14

A legal opinion as to the rfBntn and privileges of the fire marshal in the inspection of theaters and public places of amusement is asked by Fire Marshal D. J. Lancy in his first annual report to Mayor Frank Hayes. Marshal Laney peti- tions for a ruling SO that he as well as members of the state po- lice department, which claims the authority to regulate the inspection and supervision of theaters, will understand the limit of their rec spective powers and authority. we seek light and instruction as to our proper course" writes MT La- hey. "There should be no divis- ion of authority, we think, for q duck" in case anything serious should happen"
 The report of the marshal re- views not only thousands of inspec- tIons of buildings in Waterbury. but emphasizes the growing re responsibilities of the office in the inspection of oil burner and refrig- eration units. He also reviews the number and nature of suspicious ] fires the work in "breaking up" the existence here of an organiza- ed gang of fire-bugs, investigation of all fires where the cause is not plainly evident and concludes the report with a number of recom- mendations concerning the draft ing of an up-to-date fire ordinance for Waterbury.
 The fire marshal's report in part is as follows:
 To the Honorable frank Hayes,
 Mayor of Waterbury,
 sir:--
 Section IT of the city ordinance or bylaws "Concerning Fire" page No. 453 of the book of Ordinances. says in part, to wit: sHe (The Fire MarshaD shall annually make re- port to the Mayor of the services performed by him as Fire Mar shal."
 Acting accordingly, therefore, I, inc Fire Marshal of waterbury herein present my first first report as the holder of the position men, toned, to which I was named on April 6 last, and taking over the duties on April 2.
 The duties of the office are pre- scribed by statute, and also by city ordinance. Section 13 of the local ordinance prescribes the Fire Marshal "to examine fire places, ch.mneys, stoves, furnaces, heating or cooking apparatus, and the pipes connected herewith; to inspect all places in which gunpowder fluid or Illuminating or infiamable oil IS or are kept; tests the various oils; to examine and order the removal of combustible materials; to order fire escapes, scuttles and lire lad- ders as he may deem the reason able safety of persons or property reduire: to order alterations and changes in buildings and rooms, and in the use of the same. and in niles of lumber and rubbish" z Again on page No. BOT, under tho so-called ordinance known as .sTrade,n the Fire Marshal is called tipon to license all persons who shall manufacture, refine, sell or keep on sale or storage any crude or refined patroleufn, earth oil, coal or rock oil, benzirie, or any other infiammable or explosive composition.
 dinance regarding the inspection of all buildings in the city, which requires the Fire Marshal to in. spect or cause to be inspected, .all buildings, premises and public thoroughfares, for the purpose Of ascertaining and causing to be corrected any conditions liable to cause fire, or any violations of the provisions or intent of any ordi- nance of the city affecting the Ire hazard.''
 Here again in Section 2308 of the revised general statutes of 103O it says: sThe local Fire Marshal shall inspect all buildings, especially stores, places of amusement, hos- pltais boarding houses and tene- ment houses to see that the laws pertaining to fire escapes, and the prevention of fire have been com piled with, and to keep Q record of such inspection"
 These are not oil the laws which effect the office of the Fire Mar shnl, but one may get fair in sight into what is expected of the office by q casual reading of those already mentioned. the real pur- pose of making them public at this time. or rather perhaps of in- cluding them in the annual re-
 And the peculiar part of 1t all is that with tho exception of the one printed on page No. 385, all of the local laws were adopted and put into operation nearly 35 years ago. Many changes have of course taken place during this time. but the old laws are still in operation. some day. perhaps, there may be changes in order to bring them up to date
 Thcatcr Regulation, Motion Pic
 lures.
 The regulation of all heaters, motion picture and the like, has always been considered an im- portant part of the duties of the office of the Fire Marshal. But we wonder just what responsibility rests with this office. in view of the statute laws concerning the state police department, under whose censed, and rules and regulations us prepared by the same orgnni- zation distributed to the various motion pictures. establishments of the state. These rules are well de- fined and say distinctly that an 'Inspector shall mean q state po- lice officer" Plans for motion pic. lures places must first be present. ed to tho state police, building regulation is fixed. the seating capacity is set. including the stand- Ing number allowed; the size of tho various aisles Is provided, lighting facilities, the entrance and exists. the projection rooms regulated, the matter of fire pro- lection taken into consideration, and instructions given to the man. aEer and all employees of the the- ater.
 tLe mo quote Rule No. 150 relat- k ing the issuance of certain certi- hcntes, to witt
 (al Annual certificates of ap-H proval of the auditorium showing the number of persons that may