[HISTORY: Adopted by the Board of Trustees of the Village
of Lynbrook as Ch. 9, Art. I, of the 1967 Code of Ordinances. Amendments
noted where applicable.]
GENERAL REFERENCES
Fire Prevention Bureau — See Ch. 20.
Alarm equipment — See Ch. 60.
Boardinghouses, rooming houses and hotels — See Ch. 78.
Building construction — See Ch. 81.
Electrical standards — See Ch. 112.
Firearms, fireworks and explosives — See Ch. 123.
Gasoline stations — See Ch. 140.
Licenses — See Ch. 153.
Multiple dwellings — See Ch. 161.
Oil-burning equipment — See Ch. 166.
Property maintenance — See Ch. 185.
Smoke control — See Ch. 206.
Theaters and other entertainment establishments — See Ch. 228.
Vehicles and traffic — See Ch. 240.
A.
Authority. The Village Board of Trustees, pursuant to the provisions
of the General Municipal Law, does hereby authorize the Village Fire
Department to go to the aid of another city, village, town, fire district,
fire-protection district, fire-alarm district or territory outside
the corporate limits of the village.
B.
Discretion of Chief Engineer. Said Board does hereby authorize the
Chief Engineer of the Fire Department to extend such aid outside the
corporate limits whenever, in the opinion of said Chief Engineer,
such aid and assistance should be rendered.
It shall be the duty of the Chief Engineer of the Fire Department
to require the principal, teachers or other persons in charge of private
or parochial schools and educational institutions within the village
and not under the jurisdiction of the State Department of Education
to instruct and train the pupils by means of drills so that they may,
in a sudden emergency, be able to leave the school building in the
shortest possible time and without confusion or panic. Such drills
or rapid dismissals shall be held at least 12 times in each school
year, eight of which required drills shall be held between September
1 and December 1 of each year. At least 1/3 of all such required drills
shall be through use of the fire escapes on buildings where fire escapes
are provided, and signals for such drills shall be separate and distinct
from signals used for drills through corridors and stairways. It shall
be the duty of the person in charge of said buildings to keep all
doors and exits unlocked during school hours.
A.
Lights required. In every multiple-family dwelling, office building,
public hall, place of public assembly or other place used by the public
for business, fraternal, educational or social purposes, now or hereafter
erected, the owner shall provide a light or lights which shall be
of not less than 15 watts or equivalent photometric rating for the
vestibule and entrance hall and in every public hall, fire stair and
fire tower, on every floor and basement corridor. Such light or lights
shall be located as prescribed by the department charged with the
enforcement of this section.
B.
Use of lights. Except as hereinafter otherwise provided with respect
to fire stairs, fire towers and in stairs, public halls and basement
corridors, without windows, every such light shall be turned on and
shall be kept burning daily from sunset until sunrise, but if same
become extinguished and remain extinguished without the knowledge
and consent of the owner, he shall not be liable. The burden shall
be upon the owner to show that such light became and remained extinguished
without the knowledge and consent of the owner or his agent. Every
light in every fire stair and fire tower at every floor and in every
stair at every floor where there is no window opening to the outer
air and in every public hall and basement corridor where there is
no window opening to the outer air shall be kept burning continuously.
C.
Area to be lit. The lights in stairs, fire stairs, fire towers, public
halls and basement corridors shall be so located that all portions
of such stair, fire stair, fire tower, public hall or basement corridor
shall be lighted.
[Added 10-15-1984 by L.L. No. 7-1984; amended 4-1-1985 by L.L. No.
2-1985]
A.
On and after January 1, 1987, all multiple dwellings used or intended to be used or occupied as a residence by six or more families and all hotels, boardinghouses and rooming houses, as defined in Chapter 252, Zoning, of the Code, shall be provided with emergency lighting facilities at all stairwells and hallways therein sufficient to provide at least one footcandle of illumination at the floor level. Such lighting shall be installed according to the National Electrical Code and the Lynbrook Village guidelines.
[Amended 5-5-1986 by L.L. No. 9-1986[1]]
[1]
Editor's Note: This local law also provided that it shall
take effect 1-1-87
[Added 9-17-1984 by L.L. No. 6-1984; amended 4-1-1985 by L.L. No.
2-1985]
On and after January 1, 1985, all business units, as defined in Chapter 185 of the Code, and all multiple dwellings, boardinghouses and rooming houses, as defined in Chapter 252 of the Code, must display prominently their respective street address identification from numerals which shall at all times be easily visible from the street and free of all obstructions. Such identifying numerals must be at least five inches high and 1/2 inch wide.
A.
Obstructing aisles, foyers, lobbies. No person occupying or conducting
a church, theater or any place of amusement shall allow or permit
any seats, chairs or other articles to be placed in any of the aisles,
foyers or lobbies thereof, nor shall any person occupying or conducting
any church or place of amusement allow or permit any person to be
seated or remain in any aisle, foyer or lobby therein.
B.
Smoking. No smoking shall be permitted in any part of any church
or place of amusement, except in such part thereof as may be specifically
designated by the Chief Engineer of the Fire Department.
All exit doors of churches in the village shall open outwardly.
All chimneys, smokestacks or similar devices for conveying smoke
or hot gases to the outer air and the stoves, furnaces, fireboxes
or boilers to which they are connected shall be maintained in such
manner as not to endanger property.
Any boilerroom, fireroom or cellar which has a depression in
the floor, and any inside or outside grease pit, shall be properly
guarded with metal rails or chains. All outside openings or areaways
shall be protected with a grating at grade level or with a rail. It
shall be the duty of the inspectors to investigate any such condition
and to see that the provisions of this section are complied with.
This section shall apply to all buildings except one-family residences.
All trapdoors in any factory or storage building shall be closed
at the completion of business each day. Every door or window in any
such building which opens directly on any hoistway or other vertical
means of communication between two or more floors in such building
shall be plainly marked with the word SHAFT-WAY in red letters, at
least six inches high, on a white background. Unless the construction
of the partition surrounding the shaftway is of such distinctive nature
as to make the purpose evident at a glance, such warning sign shall
be so placed as to be easily visible to anyone approaching the shaftway
from the interior or exterior of the building. Any open shaftway shall
be properly protected by a suitable guardrail at all times.
No person shall deposit hot ashes, smouldering coals or embers,
greasy or oily substances or other materials liable to create spontaneous
ignition within 10 feet of any wooden or plastered wall, partition,
fence, floor, sidewalk, lumber, hay shavings, rubbish or other combustible
materials, except in metallic or other noncombustible receptacles.
Such receptacles, unless resting on a noncombustible floor or on the
ground outside the building, must be placed at least two feet away
from any combustible wall or partition and from a point under any
stairs, stairways or fire escapes.
Every owner or occupant of any house, store or other building
and every person owning or entitled to possession of any vacant lot
or improved property shall at all times keep such premises free from
papers, boxes, rubbish or other flammable material which is likely
to cause damage by fire. All weeds, grass, vines or other growths
within 25 feet of any building or structure, when same endangers property
or is liable to be fired, shall be cut down and removed by the owner
or occupant.
No heating device with an open flame and no artificial lighting
system, other than electric lights, shall be used in any warehouse
for the storage of rags, excelsior, hair or other flammable or combustible
material nor in any shop or factory used for the manufacture, repair
or renovation of mattresses or bedding nor in any establishment for
the upholstering of furniture nor in any manufacturing establishment
using or manufacturing any flammable materials.
Flammable material, of whatever nature or texture, shall not
be used for decoration purposes in show windows, stores nor any place
of public assembly, unless such materials are first rendered flameproof;
provided, however, that nothing herein shall prohibit the display
of saleable goods permitted and offered for sale in stores. Electric
light bulbs in stores or public halls shall not be decorated with
paper or other combustible material unless such materials shall first
have been rendered flameproof.
The storage of empty packing cases, boxes, barrels or other
similar combustible containers is prohibited, except in the open and
except such as may be required by a manufacturer, merchant or other
establishment properly to carry on its operations. Such storage shall
be orderly and shall not be so located as to endanger exits from the
building. All packing cases, boxes, barrels or other similar combustible
containers stored in the open shall be kept in a compact and orderly
manner.
The storage of merchandise or raw material in a building shall
be in a compact and orderly manner in order to leave an aisle or aisles
from the front to the rear of the building at least three feet wide.
No person making, using, storing or having charge of or control
of any shavings, excelsior, rubbish, sacks, bags, litter, hay, straw
or combustible trash, waste or fragments shall fail, neglect or refuse,
at the close of each day, to cause all such material which is not
compactly baled or stacked in an orderly manner to be removed from
the premises or stored in suitable vaults or in metal or metal-lined
covered receptacles or bins provided with a fusible link.
A.
Prohibited. It shall be unlawful for any person to permit smoking
or the carrying of lighted cigars, cigarettes or pipes or for any
person to smoke in any store, storehouse or place in the village where
flammable merchandise or goods are kept or displayed.
B.
Scope of section. This section shall not apply to cigar stores, bars,
grills, restaurants, stationery stores, confectionary stores or bakeries
or to portions of premises set apart for smoking by the management
of a store, storehouse or place where the safety of persons or property
will not be endangered thereby.
C.
Notice to be posted. A notice, in English, of such prohibition, stating
the penalty for violation thereof, shall be prominently posted in
every entrance to such store, storehouse or place aforesaid.
Any license issued as provided in this Code may be revoked and
annulled by the Mayor upon proof of a violation of any provision of
this chapter. The proof shall be taken before the Mayor upon notice
of not less than two days to show cause why such license should not
be revoked. He shall hear the proofs and allegations of the case and
determine the same summarily. Any person whose license shall have
been revoked or annulled shall not thereafter be entitled to a license.
On an examination pursuant to notice to show cause, as aforesaid,
the licensee may be a witness in his own behalf.
No person shall keep or permit to be kept at one time any quantity
of flammable liquid in excess of five gallons within 20 feet of any
building used wholly or partly as a dwelling, unless said flammable
liquids are kept in metal containers, which containers shall be kept
in a building or portion thereof, which shall be constructed of fireproof
material, or in a building or portion thereof which shall be floored
and sealed with materials of fireproof construction.
Any vehicle using the streets and roads of the village to deliver
fuel oil or flammable liquid shall be under the jurisdiction of the
Fire Prevention Bureau inspectors. The tanks must meet the requirements
of the laws of the State of New York, and the vehicles shall carry
adequate fire extinguishers.
A.
Distance restriction. No person shall cause or permit to be placed
any boxes, goods, wares, merchandise or any object or thing in or
upon any of the sidewalks, highways or other places in the village,
within a distance of 15 feet from any hydrant, without a permit, in
writing, from the Village Board of Trustees.
B.
Ice or snow around hydrant. No person shall obstruct any hydrant
in the village by placing or causing or permitting to be placed any
ice or snow around or about the same.
It shall be unlawful for any person to do the following:
A.
Failure to stop or park vehicle. While driving or while in control
of any vehicle in the village, to fail, upon the approach of any fire
engine, hose wagon, hook and ladder truck or other fire apparatus,
when such apparatus shall be traveling to or from a fire, to immediately
drive or place such vehicle, or cause the same to be driven or placed
close to and parallel with the curb or sidewalk of the street wherein
such vehicle may then be, and thereupon to immediately stop or cause
such vehicle to stop and there remain until such fire apparatus shall
have removed from such vicinity.
B.
Passing fire apparatus. Being the driver of any vehicle in the village,
to cause or attempt to cause any such vehicle to pass any fire engine,
hose wagon, hook and ladder truck or other fire apparatus in said
village while such apparatus is in motion.
C.
Obstructing fire hydrant. Being in control of any vehicle, to fail
to move or cause same to be moved from the vicinity of any fire hydrant
in the village, upon orders so to do from any Fire Department officer.
D.
Crossing firehose. At any time to drive any vehicle, other than an
ambulance in actual service, or a vehicle carrying the United States
mail, over any firehose lying on any street, road or highway in the
village.
E.
Remaining within fire line. Not being a fireman, village policeman
or village officer or employee, without permission of the Chief, First
or Second Assistant Chief of the Fire Department of the village, to
be or remain within any fireline established within the village by
the Fire Department or by any fireman of said village.
No automobile or truck, either dismantled, jacked up or in dead
storage, shall be stored or maintained in any alley, driveway or rear
yard unless such automobile or truck is stored or maintained not less
than 25 feet from any building nor in any position which will interfere
with the operation of the Fire Department.
It shall be unlawful for any person to tamper, meddle or in
any way interfere with any station or signal box of any fire-alarm
telegraph system or any auxiliary appliance, or willfully to break,
injure or to make any connection or communication with the poles,
wires, boxes or other parts or fixtures of the fire-alarm system so
as to interrupt or interfere with the proper working of same, or to
mutilate or destroy any notices that may be legally posted relating
to same.
[Amended 12-6-1971 by Ord. No. 71-35]
A.
Prohibited. Except for loading and unloading, and except as otherwise
provided by the village, no trailer, housecar, wagon, carriage or
commercial vehicle of any kind shall be placed, kept or maintained
upon any land in the village upon which there is erected any building
or structure, which will obstruct or tend to obstruct firemen in the
performance of their duties as such firemen, or tend to or make dangerous
to such firemen the performance of such duties.
B.
Authority of Fire and Police Chiefs. It shall be the duty of the
Chiefs of the Fire Department and Police Departments, respectively,
to inspect or cause proper inspection to be made of premises as often
as is necessary for the purpose of ascertaining and causing to be
corrected any violation of this section, and said Chiefs are each
hereby authorized to issue summonses for violation of this section
and to prosecute the same.
C.
Driveway parking prohibited. No vehicle of any kind shall be parked,
placed, kept or maintained upon any driveway, ingress or egress of
premises upon which there is erected a multiple dwelling, nor shall
any other object be so placed, kept or maintained which will impede
or obstruct or be likely to impede or obstruct firemen in the performance
of their duties in extinguishing or attempting to extinguish fires
in, upon or near any multiple dwelling in the Village of Lynbrook.
D.
Signs required. The owners or resident agents of multiple dwellings
in the Village of Lynbrook shall install and maintain sufficient and
appropriate no-parking signs at all places on the premises where the
parking of motor vehicles is prohibited by applicable laws or ordinances.
[Added 8-5-74]
It shall be unlawful for any person willfully or designedly
to give, assist in giving, countenance or request or cause to be given
any false alarm of fire in any manner; provided, however, that this
section shall not apply to members of the Fire Department or signal-system
force making tests or repairs under the written direction of the Mayor
or the Fire Department.
It shall be unlawful for any person to make or cause to be made
or to use or have in his possession any key, impression or duplicate
key of any signal box of the fire-alarm telegraph, without the written
permission of the Mayor.
A.
Scope of section. No person in control of any premises shall light,
permit or cause to be lighted any fire for the purpose of burning
any material upon the open land of any private property or in or upon
any public street, sidewalk, lane or road within the jurisdiction
of the village, as accessory or incidental to any domestic use or
to any business, manufacturing, assembling, processing or otherwise,
except as herein provided.
B.
Leaves, branches, etc. The burning of leaves, branches of trees or
bushes, cardboard or paper is expressly prohibited upon such open
land or public place at any time.
C.
Fireplaces and barbecue grills. Fires in outdoor fireplaces and grills
used for cooking or barbecuing shall be permitted.
D.
Exception to section. This section shall not apply to departments
of the village.
[Added 9-11-1978 by L.L. No. 12-1978]
A.
It shall be unlawful for any person to smoke or carry a lighted cigar,
cigarette, pipe or other similar object in any elevator, as the same
is defined in § 81-219 of the Building Code.
B.
A notice of such prohibition stating the penalty for a violation
thereof shall be conspicuously posted on the interior wall adjacent
to the exit doors of every elevator and adjacent to the elevator call
buttons on every floor served by the elevator.
[Added 12-19-1983 by L.L. No. 7-1983; amended 3-2-1998 by L.L. No.
5-1998]
A.
A certain document, three copies of which are on file in the office of the Village Clerk of the Incorporated Village of Lynbrook, Nassau County, New York, being marked and designated as the "New York State Uniform Fire Prevention and Building Code" effective January 1, 1984, as revised from time to time, is hereby adopted as the Fire Prevention Code of the Incorporated Village of Lynbrook, Nassau County, State of New York, for the control of buildings and structures as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of said New York State Uniform Fire Prevention and Building Code are hereby referred to, adopted and made a part hereof, as if fully set forth in this chapter with the additions., deletions or changes, if any, prescribed in Subsection C of this section.
B.
Inconsistent local laws repealed. All other local laws and ordinances
or parts of other local laws and ordinances in conflict herewith are
hereby repealed.
C.
Additions, insertions and changes. Any additions, insertions or changes
to the New York State Uniform Fire Prevention and Building Code are
on file in the Village Clerk's office and are available for inspection
during normal business hours.
D.
Higher standards and more stringent provisions to prevail. Wherever
the existing provisions of the Nassau County Fire Prevention Code
are more stringent, such provisions shall prevail and govern.
E.
Saving clause. Nothing in this section or in the New York State Uniform Fire Prevention and Building Code hereby adopted shall be construed to affect any suit or proceeding pending in any court or any rights acquired or liability incurred or any cause of action acquired or existing under any ordinance or local law hereby repealed as cited in Subsection B of this section, nor shall any legal right of any character be lost, impaired or affected by this section.
[Added 9-17-1984 by L.L. No. 6-1984; amended 4-1-1985 by L.L. No.
2-1985]
A.
On and after January 1, 1986, in all multiple dwellings, boardinghouses and rooming houses, as defined in Chapter 252 of the Code, smoke-detecting devices shall be installed in every dwelling unit therein and every hallway and stairway thereof at intervals sufficient to provide optimum detection of smoke.
B.
All smoke-detecting devices required to be provided and installed
within dwelling units pursuant to this section shall be approved and
listed by a nationally recognized independent laboratory and shall
be of the ionization-chamber or photoelectric type and powered by
one or more nine-volt batteries with a warning signal for low battery
power, or hardwired to an unswitched lighting circuit.
[Amended 5-5-1986 by L.L. No. 9-1986[1]]
[1]
Editor's Note: This local law also provided that it shall
take effect 1-1-1987.
C.
All smoke-detecting devices required to be provided and installed
in hallways and stairways pursuant to this section shall be approved
and listed by a nationally recognized independent laboratory and shall
be of the hardwire, alternating-current type installed according to
Lynbrook Village guidelines.
[Amended 5-5-1986 by L.L. No. 9-1986[2]]
[2]
Editor's Note: This local law also provided that it shall
take effect 1-1-1987.
D.
The owner of any multiple dwelling, boardinghouse or rooming house shall be and remain responsible for the maintenance and good working order of all smoke-detecting devices required by Subsection C of this section and, after initial installation by such owner of smoke-detecting devices in dwelling units as required by Subsection B of this section, the tenant or occupant of such dwelling unit shall become responsible for the maintenance and good working order of all smoke-detecting devices therein.
[Added 9-17-1984 by L.L. No. 6-1984; amended 4-1-1985 by L.L. No.
2-1985]
On and after January 1, 1985, all boardinghouses and rooming houses, as defined in Chapter 252 of the Code, shall provide National Fire Protection Agency approved chain escape ladders encased within a wooden or metal container and located immediately near one or more windows of all bedrooms or other rooms ordinarily used for sleeping and which rooms are located one or more floors above ground level.
[Added 9-17-1984 by L.L. No. 6-1984; amended 4-1-1985 by L.L. No.
2-1985]
A.
On and after January 1, 1985, all multiple dwellings used or intended
to be used or occupied as a residence by six or more families shall
be provided with a sign posted and maintained in a conspicuous place
in the main lobby thereof indicating by diagram the location, floor
by floor, of all apartments and the location of all electrical closets,
gas-valve shutoffs, storerooms, garages, compactor rooms, garbage
chutes and boiler rooms therein.
B.
Such signs shall be no smaller than 24 inches by 36 inches and shall contain a diagram displaying the information required by Subsection A of this section in a clearly understandable manner and in form acceptable to the Bureau of Fire Prevention of the Village of Lynbrook, which shall, on request, render reasonable assistance and make suggestions for the preparation of signs required hereunder.
[Added 9-17-1984 by L.L. No. 6-1984]
A.
On and after November 1, 1984, kerosene heaters of any type or brand shall be prohibited for use as a heating source within any business unit, as defined in Chapter 185 of the Code.
B.
In the event that an approved heating system fails to function or is otherwise inoperative because of alterations affecting the heating system, or an approved heating system is unavailable during new construction, an application to suspend the provisions of Subsection A of this section may be made to the Bureau of Fire Prevention of the Village of Lynbrook, which, upon good cause shown by such applicant, may grant written permission for the use of one or more kerosene heaters upon terms and conditions deemed advisable under the circumstances.
[Added 2-3-1986 by L.L. No. 2-1986]
A.
The Chief Fire Inspector or Assistant Chief Fire Inspector of the Fire Department may designate and require that either fire lanes or fire zones, or both, be established in connection with any building or premises, as defined in Subsection B of § 252-2 of Chapter 252 of the Code of the Village of Lynbrook. Such fire lanes and zones shall be marked and identified in the manner prescribed by the Chief or Assistant Chief Fire Inspector of the Fire Department as deemed necessary for the safe, efficient and effective use of fire apparatus and fire personnel, and the safety of persons and property in or about any building or premises designated hereunder.
B.
All fire lanes and fire zones shall, at all times, be free from vehicles
of all kinds and shall otherwise not be obstructed by any other object
so placed, permanently or temporarily, which will impede, obstruct
or be likely to impede or obstruct fire apparatus or fire personnel
in the performance of their duties in responding to a report of fire
in, upon or near any building or premises in the Village of Lynbrook
which has been designated for fire lanes, fire zones or both.
