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The determination of whether or not a crowd manager is required is based upon several factors such as: facility use group classification, the principal use of the facility as a nightclub, dance hall, discotheque or bar, the existence of a live band, recorded music and/or a dance floor. In general, restaurants are not subject to the requirement. However, some restaurants may be legally classified as a bar or nightclub and despite such classification as a restaurant may feature many characteristics of a bar or nightclub. In such cases, the determination of whether or not such combination establishments are subject to the crowd manager provisions requires a close examination of those factors described above. This determination should be made by the local fire department that is most familiar with the facility’s overall characteristics and also has access to the building department records, which establish the official use group classification, occupancy limits and licensed activities. The guideline in determining whether you are required to have a crowd manager or not is the nightclub safety act. If you were required to install sprinklers under the nightclub safety act your establishment is most likely required to have a crowd manager. You can find additional information and guidance documents about crowd manager requirements on the DFS website at www.mass.gov/dfs.

If the total occupancy load of a building is under 100 a crowd manager is not required. If the bar has a separate occupancy of fewer than 100 a crowd manager is not required.

A crowd manager is required for every 250 occupants while the facility is open based upon the Certificate of Inspection.

If the private club and function hall meet these exceptions a crowd manager is not required. A facility used for organized private functions where: i. each guest has a seat and a table for dining purposes; ii. attendance for each event is limited by pre-arrangement between the facility operator and the private event organizers; and ii. the legal capacity of the facility provides not less than 15 square feet (net) per occupant.

Private clubs are not exempt from the regulation.

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