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Untitled Texas Attorney General Opinion
O-2777
| Tex. Att'y Gen. | Jul 2, 1940
|
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Case Information

*1 OFFICE OFTHE ATTORNEY GENERALOFTEXAS

AUSTIN

Honorable WaryIn Rail

Fire fnmzranor cod88ioner

Board of Insurance CommIssIonerr / ~.'~ I:

Austin, Texas

Dear Sir:

'~E8o&gq,.iew~~aa against churoheo and ihyday ~?I6001 bull&in&& owl&& r&eipt letter 0f your 0r aa to whethar as ex offloio Sta.%a Fir0 the Tome Fire \ *Tba q$etlon hae arieon whether ohurohas and &nd&&ohaol Eduoatlonal Bulldlnge are eubjsot to tb& prmlelons or theas artloler.

L

Tour opinion Ie requested a8 to whether these ar$ialar are applicable to euoh bulldloSs.R

Title 03 of' the Ravleod Clvll Statutes of Texas, coin- pored of Article8 '3955-3972,. both lnoluslve, Ir known a8 the Biro Esoaps Lew. All euah srtlolea are taken from House Bill $lg;, Aots, 1923, Thirty-Eighth Lsgltiture, Chaptar 170, Pge *2 Honorable Marvin Hall, age 2

Article 3956 thereof reads:

“For each hospital, seminary, oollege, academy, sohool house, dormitory, hotel, lodging house, agart- msnt house, rooming house, boarding house, house for the aocomodation of transient guests, lodge hall, theatre, gubllo plaoe of amusement, or hall or plaoe used for public gatherings, having a lot area in ex- oeaa of five thousand square feet, there shall be pro- vided one additional adequate flrt, ercape for eaoh five thoumend square feet of such exoea~ or fraotlon thereof If suoh fraction two thousand aquare exoeeds feet.*

Article 3971 of the same title provldee that the state Fire &r8hal or other offloerrs named thsreln shall ln- fire esoapea, extensions and addltlonr to tire QB- apclot all cape8 aonstruetsd under the provisions of such law.

Since ohurohee and Sunday School buildings are not mentioned in the not, your question speolflcally la reoelred into the proposition of whether or not ohurohsa and Sunday School Bulldlllga oonstltute e *. . . hall or plaoe used for publlo gatherings. . i W within the purview of Artlole 3956, mpra .

It is a matter of oommon knowledge that the pub110 generally is invited and enocureged to attend ohuroh and Sunday School irrsspeotlra of membership ‘In the particular ohurch. A reading of iihe caption of the orlglml act manl-

feats e legislative desire for the ereotlon and proper maln- tenance of fire ssoapes adequate to properly protect human lips of that portion thereof, now known as Arti in all buildings of certain height and elze. A reading

3936, sup=, leads us to the oonalualon that they were especially oon- cerned with the safety of persons assembled at public gather- ings in buildings of the dimensions presorlbed in Artiale 3956, suFa.

It In our opinion that ohurohes and Sunday Sohool era balls or places used for pub110 eduoetlonal buildlugs *3 Honorable Mervin Hell, Page 3

gatherings within the purvir+w of A~rtlole 3956, supra and that you are charged by law with the enforoement of ihe provisions of Title 63, supra.

Yours very truly ATXJRWEY GENEIL4L OF TEXAS Lloyd Armstrong Asdstant LA:AW

VEDOC'; 25, 1940

I

ATTORNEY GENERAL OP Tms

Case Details

Case Name: Untitled Texas Attorney General Opinion
Court Name: Texas Attorney General Reports
Date Published: Jul 2, 1940
Docket Number: O-2777
Court Abbreviation: Tex. Att'y Gen.
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