Village of Great Neck Plaza, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Great Neck Plaza: Art. I, 12-17-1974 as L.L. No. 10-1974; Art. II, 4-20-1977 as L.L. No. 8-1977. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 89.
Unsafe buildings — See Ch. 91.
Fire lanes — See Ch. 112.
Article I Eating Places and Places of Public Assembly

§ 114-1 Intent.

§ 114-2 Definitions.

§ 114-3 Applicability.

§ 114-4 Maximum capacity.

§ 114-5 Required exits.

§ 114-6 Location of exits.

§ 114-7 Doors and stairways.

§ 114-8 Size of doors.

§ 114-9 Size of stairways.

§ 114-10 Swing of doors.

§ 114-11 Fastening of doors.

§ 114-12 Aisles.

§ 114-13 Hazardous travel.

§ 114-14 Exterior of exitways.

§ 114-15 Exit signs.

§ 114-16 Lighting.

§ 114-17 Emergency lighting.

§ 114-18 Basement storage.

§ 114-19 Basement stairs.

§ 114-20 Heating plants.

§ 114-21 Combustible materials.

§ 114-22 Gas equipment.

§ 114-23 Fire extinguishers.

§ 114-24 Mixed occupancy.

§ 114-25 Flammable liquids.

§ 114-26 Kitchens.

§ 114-27 Range hoods.

§ 114-28 Automatic extinguishing systems.

§ 114-29 Fire extinguishers.

§ 114-30 Automatic extinguishing systems.

§ 114-31 Enforcement.

§ 114-32 Penalties for offenses.

Article II General Standards

§ 114-33 Title.

§ 114-34 Purpose.

§ 114-35 Applicability.

§ 114-36 Conflicts with other laws.

§ 114-37 Definitions.

§ 114-38 Dangerous or unsafe buildings or structures.

§ 114-39 Vacant buildings and structures.

§ 114-40 Fire department and emergency service access.

§ 114-41 Means of egress.

§ 114-42 Equipment and systems.

§ 114-43 Fire protection equipment and systems.

§ 114-44 Special property uses or conditions.

§ 114-45 Material for welding and cutting.

§ 114-46 Fumigants and thermal insecticidal fogging liquids.

§ 114-47 Fire safety safeguards and practice.

§ 114-48 Fire safety equipment.

§ 114-49 Administration and compliance.

§ 114-50 Compliance.

[Adopted 12-17-1974 as L.L. No. 10-1974]

§ 114-1 Intent.

Fire regulations are formulated by the Nassau County Fire Commission. The Board of Trustees of the Village of Great Neck Plaza believes that it would be in the best interests of its residents to exercise its police power by adopting these regulations so that there may be local enforcement of these regulations.

§ 114-2 Definitions.

As used in this Article, the following terms shall have the meanings indicated:
EATING PLACE
Any restaurant, banquet hall, cafeteria, coffee shop, diner or other place where food is served.
PUBLIC ASSEMBLY
Any place where persons may assemble for civic, political, religious, social, recreational, educational or other purposes.

§ 114-3 Applicability.

The following regulations are applicable to all public assembly and/or eating places.

§ 114-4 Maximum capacity.

Where a certificate of compliance showing the permissible capacity is issued by the village, it must be conspicuously posted and readily available to the fire inspector. Where no such certificate is issued or available, the capacity of the premises shall be based on one person per 15 square feet of floor space seated at tables or booths of the dining area and one person per three square feet of floor space standing, or six square feet seated at bars or counters.

§ 114-5 Required exits. [1]

The number of exits shall be as follows:
Number of Persons
Minimum Number of Exits
300 or fewer
2
301 to 600
3
601 to 1,200
4
[1]
Editor's Note: Amended at time of adoption of Code; see Chapter 1, General Provisions, Article I.

§ 114-6 Location of exits.

A. 
Exits must be as remote from each other as possible.
B. 
On the grade floor, the distance to any exit shall not exceed 100 feet for buildings erected on and after July 1, 1957; before July 1, 1957, 125 feet. Where the New York State Uniform Fire Prevention and Building Code applies, 150 feet if unsprinklered and 200 feet if sprinklered.
C. 
Above and below the grade floor, the distance to any exit shall not exceed 100 feet if unsprinklered and 150 feet if sprinklered.

§ 114-7 Doors and stairways.

The number and width of doors and stairways shall be determined by the capacity of the places, floors or tiers they serve.

§ 114-8 Size of doors.

A. 
No single exit door shall be less than 40 inches in width in new construction or 36 inches in existing construction, except that individual doors in double doors or banks of doors shall be not less than 24 inches in width in new construction and 22 inches in existing construction.
B. 
The capacity of doorways shall be based on 50 people per foot of door width.
C. 
Only 50% of width of main entrance door or doors may be used in figuring capacity.

§ 114-9 Size of stairways.

A. 
No stairway shall be less than 44 inches in width in new construction and 36 inches in existing construction.
B. 
The capacity of stairways shall be based on 60 people for each 22 inches of width in new construction and 50 people per foot in existing construction.

§ 114-10 Swing of doors.

Every door serving as a means of exit shall swing in the direction of egress.

§ 114-11 Fastening of doors.

No exit door shall be locked, bolted or otherwise fastened, except by locking devices approved by the Fire Marshal. When the premises are occupied, the door must be openable from the inside by pressure on the door or on an approved panic release device.

§ 114-12 Aisles.

No aisle shall be less than 36 inches in width. Aisles leading to an exit shall be equal in width to the exit (except in theaters and schools).

§ 114-13 Hazardous travel.

Required exits shall not lead through a kitchen, serving pantry, boiler room, storage room or other place of similar hazard.

§ 114-14 Exterior of exitways.

A. 
A clear and unobstructed passageway leading to a street or open area, passage or court shall be provided.
B. 
The exterior of exits and exitways shall be provided with illumination providing a light intensity of five-tenths (0.5) footcandle or more, while the premises are occupied after dark.

§ 114-15 Exit signs.

Internally illuminated exit signs shall be provided over all exit doors or equivalent opening forming part of an exit. Lighted directional signs shall be provided, as required. All signs shall have letters at least six inches in height.

§ 114-16 Lighting.

No source of illumination shall be provided, except electricity. Decorative candles may be used on dining tables when enclosed in stable, hurricane-type holders.

§ 114-17 Emergency lighting.

Automatic emergency lighting must be provided to light all exits, stairways and passageways, as designated by the Fire Marshal.

§ 114-18 Basement storage.

A. 
Basement storage will only be permitted in rooms of one-hour fire resistance rating, with Underwriters' Laboratories labeled Class C self-closing fire doors and fire door assemblies.
B. 
All basement ceilings must have a one-hour minimum rating.
C. 
No storage will be permitted around or under any stairs.

§ 114-19 Basement stairs.

A. 
In new construction, stairs from basement to first floor must be fully enclosed by fire-resistive partitions, one-hour minimum rating, with Underwriters' Laboratories labeled Class C self-closing fire doors and assemblies at top and bottom.
B. 
In existing buildings where the basement ceiling is fire-retarded, as provided in No. 18, an Underwriters' Laboratories labeled Class C self-closing fire door and assembly at the head or foot of the stairs may be accepted at the discretion of the Fire Marshal.

§ 114-20 Heating plants.

A. 
Central heating plants in new construction must be in a room of fire-resistive material, two-hour minimum rating, with Underwriters' Laboratories labeled Class B self-closing fire door and assembly. In existing construction, one-hour rating and Class C door will be accepted.
B. 
Adequate air supply and ventilation for heating plant must be obtained directly from outside.
C. 
Overhead oil- or gas-fired heaters may be used when installed in accordance with national standards and where approved by the Fire Marshal.
D. 
No portable space heaters will be permitted.

§ 114-21 Combustible materials.

A. 
All combustible curtains, drapes and/or decorations shall be rendered flameproof, and a certificate shall be kept readily available for the inspector, showing the date of flameproofing, life of the flameproofing and by whom flameproofing was done.
B. 
In existing buildings, all combustible ceilings, walls and woodwork shall be replaced, covered or treated with a fire-retardant coating satisfactory to the Fire Marshal.

§ 114-22 Gas equipment.

A. 
All gas meters and regulating equipment shall be located outside the building.
B. 
In existing buildings, meters and equipment may be enclosed in a fire-resistive room used for no other purpose, and ventilated directly to the outside, at the discretion of the Fire Marshal.

§ 114-23 Fire extinguishers.

Underwriters' Laboratories approved fire extinguishers shall be provided, as required by the Fire Marshal. Fifteen-pound CO2 or equivalent dry powder extinguishers will be required for boiler rooms; ten-pound CO2 or equivalent dry powder extinguishers for kitchens; and two-and-one-half-gallon water-type extinguishers for other areas.

§ 114-24 Mixed occupancy.

No place of public assembly shall be permitted in a building any part of which is used for a hazardous occupancy such as, but not limited to:
A. 
The storage or handling of explosives.
B. 
The storage or sale of paints in bulk.
C. 
Service stations or garages.
D. 
Dry-cleaning plants using Class II or Class III liquids.

§ 114-25 Flammable liquids.

No Class I or Class II flammable liquids shall be kept or stored on the premises.

§ 114-26 Kitchens.

A. 
Kitchens and serving pantries must be cut off from the remainder of the premises with fire-resistive walls and ceilings of two-hour minimum rating in new construction and one-hour for existing construction.
B. 
Door openings between kitchens and/or pantries and the dining rooms they serve shall be protected by Underwriters' Laboratories labeled Class B self-closing fire doors and assemblies in new construction and Class C in existing construction.
C. 
Serving counter openings must be protected by automatic two-hour rated, self-closing doors in new construction and one-hour in existing construction or by automatic sprinklers.
D. 
If kitchens and pantries are protected by an automatic sprinkler system, fire resistance rating of walls and ceilings may be reduced to one hour and doors to Class C in new construction.
E. 
View panels will be permitted in fire doors, provided that they are protected by one-fourth-inch clear wire glass of not more than 100 square inches in area in Class B doors and not more than 1,296 square inches in Class C doors.

§ 114-27 Range hoods.

A. 
Range hoods must comply with Pamphlet No. 96 National Fire Protection Association.
B. 
Hoods equal to the length and breadth of the ranges and cooking equipment shall be provided. They shall be not more than seven feet above the floor and shall not be within 18 inches of any combustible material. Where 18 inches clearance is required to unprotected combustible material, the clearance may be reduced to that indicated below when the combustible material is protected as follows:
Type of Protection
Clearance
(inches)
1/4-inch asbestos millboard spaced out 1 inch on noncombustible spacers
12
28-gauge sheet metal on 1/4-inch asbestos millboard
12
28-gauge sheet metal spaced out 1 inch on noncombustible spacers
9
28-gauge sheet metal on 1/8-inch asbestos millboard spaced out 1 inch on noncombustible spacers
19
l/4-inch asbestos millboard on 1-inch mineral wool bats reinforced with wire mesh or equivalent
6
22-gauge sheet metal on 1-inch mineral wool bats reinforced with wire mesh or equivalent
3
NOTES:
1 Asbestos millboard referred to above is a different material than asbestos cementboard. It is not intended that asbestos cementboard be used in complying with these requirements.
C. 
"Combustible material" as pertaining to materials adjacent to or in contact with heat-producing appliances, chimneys, chimney connectors, vents, vent connectors, steam and hot-water pipes, warm-air ducts, grease ducts and rubbish chutes means material made of or surfaced with wood, compressed paper, plant fibers or other material that will ignite and burn. Such material shall be considered as combustible even though flameproofed, fire-retardant treated or plastered.
D. 
Hoods shall be provided with mechanical exhaust ducts, which shall be connected to an independent chimney or stack, insulated from contact with combustible material and terminating above the roof.
E. 
All hood and duct seams and joints shall have a liquidtight external weld.
F. 
Exhaust ducts must be provided with an adequate number of access doors for easy inspection and cleaning.
G. 
Hoods, ducts, chimneys and stacks must be cleaned as often as may be necessary, but not less than twice a year. A record shall be kept available for the inspector, showing date of cleaning and by whom cleaned.
H. 
Electric wiring under hoods shall be in conduit, and all fixtures shall be vaporproof.

§ 114-28 Automatic extinguishing systems.

A. 
An automatic fire-extinguishing system must be installed to protect hoods, ducts, chimneys, stacks, deep fat fryers and broilers. Range top protection is also required and all systems must be installed in accordance with the National Fire Protection Association Standard No. 96. Special engineered systems may be used if approved by the Fire Marshal.
B. 
All gas-operated equipment in the kitchen shall be provided with an automatic shutoff device activated by the extinguishing system. The shutoff device must be designed so that it can only be reset manually. Operation of this valve shall not interrupt the supply of gas to any other areas in the building. A metal tag shall be affixed to the cylinder giving the location of the shutoff valve.
C. 
Automatic shutoff devices shall also be provided for electric deep fat fryers, ranges and griddles. New electric deep fat fryers shall be equipped with a separate high limit control in addition to the adjustable operating control (thermostat) to shut off fuel or energy in the event that fat exceeds a temperature of 425° F.
D. 
Carbon dioxide (CO2) systems shall be equipped with an automatic exhaust fan shutoff device activated by the extinguishing system.
E. 
Exhaust fans must remain on when dry chemical systems are activated.
F. 
Plans for automatic extinguishing systems and shutoff devices must be submitted to the Nassau County Fire Marshal for approval prior to installation.
G. 
Automatic extinguishing systems shall be inspected every six months by a qualified person engaged in such work. A tag attesting to this inspection shall be affixed to the supply cylinder of the system, showing the date and by whom the work was performed.

§ 114-29 Fire extinguishers.

Properly rated BC extinguishers shall be provided, as required by the Fire Marshal (minimum 20 BC rating).

§ 114-30 Automatic extinguishing systems.

A. 
All new automatic extinguishing system installations must comply with all of the above regulations.
B. 
Any alterations, additional or modifications to existing automatic extinguishing system installations will necessitate full compliance with § 114-3 above.
C. 
It shall be the responsibility of the owner or operator of the business and the authorized installer to complete the installation in compliance with the manufacturer's specifications and the requirements of the Fire Marshal's Office.

§ 114-31 Enforcement.

The Chief Fire Inspector of the village as well as those fire inspectors operating under his supervision shall have the power to enforce the provisions of this Article.

§ 114-32 Penalties for offenses. [1]

Any person who violates a provision of this Article shall be liable to pay a penalty not to exceed $250 or imprisoned for a period not exceeding 15 days, or both, for each day that said violation continues.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
[Adopted 4-20-1977 as L.L. No. 8-1977]

§ 114-33 Title.

This Article shall be known as and may be cited as the "Village of Great Neck Plaza Fire Prevention Code," hereinafter referred to as "this code" or "the code."

§ 114-34 Purpose.

The purpose of this Article is to establish reasonable rules and regulations to safeguard life and property from the hazards of fire.

§ 114-35 Applicability.

This code shall apply to all buildings and subdivision of buildings, including personal property and materials therein, within boundaries of the Village of Great Neck Plaza, with the exception of single-family dwellings.

§ 114-36 Conflicts with other laws.

A. 
The provisions of this code shall supersede local laws, ordinances, codes or regulations to the extent that such laws, ordinances, codes or regulations are inconsistent with the provisions of this code, provided that nothing herein contained shall be construed to prevent the adoption and enforcement of a law, ordinance, code or regulation which is more restrictive or establishes a higher standard than those provided in this code, and such more restrictive requirement or higher standard shall govern during the period in which it is in effect.
B. 
Where a provision of this code is found to be in conflict with a provision of a zoning, building, electrical, plumbing, safety, health, water supply or sewage disposal law or ordinance, or regulation adopted pursuant thereto, or other local law, ordinance, code or regulation, the provision or requirement which is more restrictive or which establishes the higher standard shall prevail.

§ 114-37 Definitions.

As used in this Article, the following terms shall have the meanings indicated:
ADEQUATE LIGHTING
Illumination equal to a minimum of 20 footcandles measured at the walls and floor of the enclosing structure.
APPROPRIATE
Suitable or compatible under conditions of use.
BUILDING
A structure enclosed within walls, or party walls, and with a roof.
COMBUSTIBLE
Any material or combination of materials that can ignite or support combustion.
COMMERCIAL COOKING EQUIPMENT
All cooking equipment which is installed for the preparation of food to be sold to the public or to be served at institutions.
CORRIDOR
Passageway or hallway which provides a common way of travel to an exit or to another passageway leading to an exit.
EXIT
That portion of the way of departure from the interior of a building or structure to the exterior at street or grade level, or accessible to a street, consisting of:
A. 
Corridors, stairways and lobbies enclosed in construction having a fire-resistance rating, including the door opening thereto from a habitable, public or occupied space;
B. 
An interior stairway;
C. 
A horizontal exit;
D. 
A door to the exterior at grade; or
E. 
An exterior stairway or ramp.
FIRE ALARM SYSTEM
Equipment installed for sounding a fire alarm.
FIRE LOAD
The combustible contents within a building during normal use.
FIRE PROTECTION EQUIPMENT
Apparatus, assemblies or systems, either portable or fixed, for use to prevent, detect, control or extinguish fire.
FIRE- AND SMOKE-DETECTING SYSTEM
Equipment which automatically actuates an alarm to detect fire, smoke or abnormal rise in temperature.
FLAMMABLE
Capable of igniting within five seconds when exposed to heat or flame.
MEANS OF EGRESS
An exit.
NONCOMBUSTIBLE
Material or combination of materials which will not ignite or support combustion.
PREMISES
A lot, plot or parcel of land including the buildings or structures thereon.
SHAFT
A vertical opening or enclosed space extending through two or more floors of a building or through a floor and roof.
SMOKE DETECTORS
Devices which are activated by smoke or products of combustion.
SPRINKLER SYSTEM
A system of piping and appurtenances designed and installed so that heat will automatically cause water to be discharged over the area covered.
STANDPIPE SYSTEM
An installation of piping and appurtenances, whereby all parts of a building can be quickly reached with an effective stream of water.
STRUCTURE
An assembly of materials forming a construction framed of component structural parts, including buildings.
VOLATILE
Capable of emitting flammable vapor at a temperature below 75° F. (23.90° C.).

§ 114-38 Dangerous or unsafe buildings or structures.

A. 
A building or structure which is an imminent danger to life and safety as a result of a fire or explosion shall be made safe and secure or demolished and removed by the owner thereof.
B. 
Within 24 hours after a fire occurs, the Department of Fire Prevention and Safety shall cause an inspection to be made to determine whether the building and its component parts are structurally sound and safe for occupancy.
C. 
If the determination by the Department of Fire Prevention and Safety is that the building or any of its components are structurally unsound or unsafe for occupancy, then an order shall be issued specifying the steps which must be taken by the owner to make the building safe. All work must be completed within 30 days or such longer period as in the discretion of the Department of Fire Prevention and Safety deems appropriate. If it is determined that the work required will not be performed by the owner, then the owner shall cause the building to be demolished within the period required for the performance of any repair work. Throughout the time permitted for any work to be performed, the premises shall be vacant and secured except for such workmen as are employed to perform repair work.
D. 
The order to be issued by the Department of Fire Prevention and Safety shall be issued in the same manner as violation orders pursuant to § 114-49E.
E. 
The provisions of this section may be enforced by injunction in the Supreme Court of the State of New York or any other remedy available pursuant to law.

§ 114-39 Vacant buildings and structures.

A building or structure which has been unattended and unoccupied for a period of 60 days shall be made secure from unauthorized entry or use.

§ 114-40 Fire department and emergency service access.

A. 
General requirements. Buildings, structures and property shall be provided with unobstructed access for fire-fighting and emergency service personnel, apparatus and equipment.
B. 
Accessibility.
(1) 
Premises which are not readily accessible from public roads and which the fire department or an emergency service may be called upon to protect in case of fire shall be provided with access roads or fire lanes so that all buildings on the premises are accessible to the fire department and emergency service apparatus.
(2) 
Access roads and fire lanes shall be adequately maintained and kept free and clear of obstructions at all times.

§ 114-41 Means of egress.

A. 
General requirements. All premises shall be provided with means of egress which conform to the requirements of this section.
B. 
Obstruction.
(1) 
Exits shall be maintained to provide free and unobstructed egress from all parts of the building or structure when it is occupied. No barrier, heat-activated, self-closing device, lock or fastening to prevent free escape from a building or structure shall be installed except on premises where supervisory personnel are on duty to provide egress and effective provisions are made to remove occupants in case of fire or other emergency.
(2) 
Materials shall not be placed, stored or kept in stairways, aisles, passageways or corridors so as to obstruct or interfere with egress of persons from the building or structure or to reduce its required width.
(3) 
All required exit doors are to swing in the direction of egress.
C. 
Exit lighting and exit signs.
(1) 
Required stairways, hallways and other means of egress, including exterior open spaces to or through which exit ways lead, shall be kept adequately lighted at all times that the building served thereby is occupied. This shall include those periods of time when the utility-supplied electrical power fails, such as in the event of a general power failure or a localized power failure. For this purpose, there shall be installed emergency lighting systems to adequately illuminate the interior passageways, stairs and all other means of egress for a period of not less than 1 1/2 hours after such power failure.
(2) 
All premises shall identify means of egress with exit signs which shall be maintained in a clean and legible condition, unobstructed by decorations, furnishings or equipment and illuminated at all times when the building or structure is occupied.
(3) 
Directional signs shall be provided at locations in all passageways or corridors when the means of egress is not readily discernible.
D. 
Elevator warning signs. Any buildings with elevators shall post signs adjacent to the exterior call button and adjacent to the interior control panel, directing persons to use stairways during a fire emergency. The signs shall be a minimum of three inches by six inches with white or silver lettering on a red background and shall state in capital letters:
"IN CASE OF FIRE
USE STAIRWAYS"
E. 
Openings in fire walls and fire separations.
(1) 
No door stops, wedges or other hold-open devices may be installed in openings in fire walls and on doors or protectives in fire separations, except as permitted in accordance with § 114-43G(2).
(2) 
Doors and opening protectives in fire walls and fire separations shall be maintained in working order, including all hardware necessary for proper operation.
(3) 
Heat-actuated self-losing devices shall be prohibited for exit doors.
F. 
Exterior egress.
(1) 
Exterior stairways, balconies, fire escapes or ladders shall be free of obstructions.
(2) 
Fire escapes shall be maintained free of rust.
(3) 
Exterior stairways, fire escapes and access to open space shall be maintained free of ice and snow.
(4) 
Portable ladders or window escape ladders shall not be permitted for use as a required exterior means of egress.

§ 114-42 Equipment and systems.

A. 
General requirements.
(1) 
Heating, electrical, ventilating, air-conditioning, refrigerating, fire protection, elevators, escalators or other equipment and systems for use in structures and buildings shall be maintained so that under normal conditions of use such equipment and systems will not be a potential danger to the safety of occupants or a source of ignition.
(2) 
Equipment and systems shall be capable of performing their functions satisfactorily without being forced to operate beyond their safe capacity.
B. 
Fuel gas systems.
(1) 
Fuel gas piping systems shall be maintained gastight and operative under normal conditions of use.
(2) 
Gas piping systems shall have at least one accessible manual valve for shutting off all gas supply.
(3) 
An easily accessible shutoff valve or cock shall be provided in the piping in close proximity to and ahead of every gas appliance or outlet for a gas connection.
(4) 
Spaces in which gas meters are located shall be ventilated and dry and be free of obstructions and flammable materials. Gas meters shall be visible upon inspection.
(5) 
Connections to the fuel gas piping systems shall be made so as to prevent gas leaks.
C. 
Fuel oil systems.
(1) 
Fuel oil shall be stored and conveyed by means of fixed liquid-tight equipment.
(2) 
Storage tanks:
(a) 
Storage tanks shall be maintained in a manner to prevent leaks or other spillage.
(b) 
Storage tanks located in areas subject to vehicular traffic shall be protected against damage.
D. 
Piping.
(1) 
Means of shutting off fuel oil flow shall be accessible and maintained in operating condition.
(2) 
Filling, emptying and venting of tanks shall be by means of fixed piping.
E. 
Oil-burner equipment. There shall be no obstructions to oil-burning equipment or its component parts.
F. 
Prohibited fuel. Gasoline shall be prohibited as fuel for heating and cooking, except for camping and outdoor use.
G. 
Heating systems.
(1) 
Fuel-burning heat-producing equipment shall not be located in exits.
(2) 
Heating equipment burning solid or liquid fuel shall not be located in spaces used as classrooms, dormitories or places of assembly.
(3) 
All heating equipment using gas, liquid or solid fuels for combustion must be installed within an enclosure of one-hour fire resistive construction, equipped with a fireproof self-closing door to provide access to such enclosure.
H. 
Air supply. Spaces containing fuel-burning equipment shall be provided with air supply for combustion and for ventilation of the enclosure.
I. 
Safety devices. Safety devices on heat-producing equipment and pressure vessels shall not be rendered inoperable and shall at all times be maintained in working condition.
J. 
Chimney, flues and gas vents.
(1) 
Chimneys, smokestacks, flues, gas vents, smoke pipes and connectors shall be maintained so as not to create a fire hazard.
(2) 
Masonry chimneys which are cracked and which permit smoke or gases to be discharged into the building shall be repaired.
(3) 
Metal chimney or vent connectors which leak or are improperly supported shall be repaired or replaced.
(4) 
An incinerator or a chimney which emits sparks shall be provided with a spark arrester or noncombustible construction. Spark arresters shall have one-fourth-inch mesh and shall be periodically cleaned to minimize clogging by soot.
K. 
Deactivated incinerators used for garbage collection and compactors.
(1) 
Service openings for deactivated incinerators used for garbage collection and compactors shall be in a safe condition to prevent the passage of smoke, flame or gases into the building space.
(2) 
Deactivated incinerator and compactor rooms shall be secured to prevent tampering by unauthorized persons.
(3) 
Deactivated incinerators used for garbage collection shall be equipped with a fire sprinkler head installed in the deactivated combustion chamber. Such sprinkler head shall be supplied by three-fourths-inch black iron pipe tapped off of the building domestic main and furnished with an O.S. & Y. shutoff valve.
(4) 
No person shall discharge lighted, flammable, combustible or explosive materials into an incinerator or compactor chutes.
(5) 
Durable signs with plainly legible letters shall be conspicuously posted at service openings of incinerators and compactors stating:
"THROWING LIGHTED MATCHES, CIGARS OR CIGARETTES, CARPET SWEEPINGS, NAPTHALENE, CAMPHOR BALLS OR FLAKES, FLOOR SCRAPINGS, OIL-SOAKED RAGS, PAINT CANS, AEROSOL CONTAINERS OR ANY OTHER HIGHLY FLAMMABLE OR HIGHLY COMBUSTIBLE OR EXPLOSIVE SUBSTANCE INTO COLLECTION OR COMPACTOR CHUTES IS UNLAWFUL AND SUBJECTS THE OFFENDER TO A PENALTY."
L. 
Electrical systems.
(1) 
Electrical wiring and equipment shall not be a fire hazard or a source of ignition for combustible or hazardous substances, materials or devices. Without limiting the definition of fire hazard, wiring systems shall be deemed to be a fire hazard under the following conditions:
(a) 
A switch or receptacle face plate feels unusually warm or there is a burning odor in their immediate vicinity; or
(b) 
There is a flickering of lights which is not traceable to appliances or obvious external causes.
(2) 
Electrical wiring and equipment shall be maintained so as to be firmly secured to the surface on which it is mounted.
(3) 
Overcurrent protection devices shall be maintained in operating condition, at the rating for the circuitry protected as stated in the National Electric Code, and shall not be locked or fastened in the "on" position and shall be accessible.
(4) 
Grounding of electrical wiring and equipment shall be maintained to provide protection against hazard.
(5) 
Flexible cord shall not be run through holes in walls, ceilings or floors, run through doorways, windows or similar openings, attached to building surfaces or concealed behind building walls or above ceilings or under floors or floor coverings.
(6) 
After the effective date of this Article, no person shall install aluminum wiring or conductors for use in electrical installations. Aluminum wiring shall include wiring whose major component is aluminum used in conjunction with other metal or metals.
M. 
Commercial cooking equipment.
(1) 
Exhaust systems provided for commercial cooking equipment shall be maintained in operating condition.
(2) 
Hoods, grease removal devices, fans, ducts and other devices shall be maintained clean and free of grease and other deposits or residues.
(3) 
Fixed fire-extinguishing systems for range hoods, including component parts, shall be maintained in proper operating condition. Manufacturer's instructions for manually operating the system shall be posted conspicuously in the kitchen.
(4) 
Fire dampers shall be maintained so as to be operable.
(5) 
All commercial cooking equipment must be directly vented to the exterior of the building through welded seam ductwork of fourteen-gauge steel construction terminating at a point not less than 40 inches above the highest roof surface of the building in which it is located. Such ventilation equipment may serve only one kitchen for each duct installation. All interior surfaces of such ventilating system shall be accessible for cleaning of accumulated grease.

§ 114-43 Fire protection equipment and systems.

A. 
Water supply.
(1) 
Water service for sprinkler, standpipe and yard hydrant systems shall provide at all times a supply of water in sufficient volume for such systems to function satisfactorily. If for any reason the water supply is shut down, the fire department having jurisdiction shall be notified 24 hours prior to the scheduled shutdown and shall be advised of the duration of the proposed shutdown.
(2) 
Fire department connections shall be conspicuously identified, maintained readily accessible for fire department use and adapted to fit the equipment of the fire department.
B. 
Sprinkler systems.
(1) 
Sprinkler systems shall be maintained in operative condition, free from mechanical injury, structural failure, water failure or obstructions. Sprinklers shall be maintained clear and free from corrosion, paint, whitewash and other coatings which impair their operation.
(2) 
Valves controlling water supply to sprinklers shall be secured in the open position.
(3) 
Supports for piping and equipment shall be structurally sound.
(4) 
Portions of the system subject to freezing shall be appropriately protected.
(5) 
Storage shall not interfere with the effective discharge of water from the sprinklers.
(6) 
Connections to sprinkler systems for other than fire protection shall be prohibited.
C. 
Standpipe systems.
(1) 
Valves shall be maintained tight against leaks.
(2) 
Hoses shall be properly stored, ready for operation, dry and free of deterioration.
(3) 
Hose stations shall be conspicuously identified, located for easy accessibility and installed to provide for the quick and easy use of equipment. Hose station cabinets shall have keyless doors.
(4) 
Valves in the water supply pipe for the standpipe system other than hose station valves shall be open at all times.
D. 
Yard hydrant systems.
(1) 
Yard hydrant systems shall provide an ample supply of water to hydrants.
(2) 
Outside hoses shall be stored in such a manner as to be protected from the weather but be readily accessible.
E. 
Portable fire extinguishers.
(1) 
Portable fire extinguishers shall be appropriate as to type, size and location, shall be in their designated location and shall be clearly visible, except that they may be located in an enclosure or recess conspicuously identified as containing a fire extinguisher.
(2) 
Portable fire extinguishers shall be maintained in operating condition.
(3) 
Portable fire extinguishers shall be installed in locations designated by the fire inspector. They shall be of a size and type as designated by the fire inspector.
F. 
Fire alarm systems. Whenever a fire alarm system is required by any state or local law or ordinance, such fire alarm system:
(1) 
Shall be maintained in operating condition;
(2) 
Shall not have fire alarm boxes obstructed, but shall have them in full view at all times; and
(3) 
Shall have manufacturer's instructions for use of fire alarm boxes conspicuously posted in the immediate vicinity of each alarm box.
G. 
Fire and smoke detectors. Whenever a fire or smoke detector system is installed:
(1) 
Fire detectors, smoke detectors, ionization detectors, flame detectors and heat detectors shall be maintained in operating condition; and
(2) 
Openings in required fire and smoke separations within building shall be equipped with fireproof self-closing doors which must be kept in the closed position at all times unless equipped with a smoke-detecting magnetic hold-open device which will automatically allow the door to close when the smoke detector is activated.
H. 
Foam and chemical fire-extinguishing systems. Foam and chemical fire-extinguishing systems shall be appropriate for their intended use and shall be maintained in operating condition.
I. 
Elevator equipment.
(1) 
Elevator hoistways and pits shall be maintained free of rubbish or other debris.
(2) 
Elevator machine rooms shall be maintained free of oil and grease, including oily and greasy cloths, rags and other combustible materials, and shall not be used for storage of articles or materials unnecessary for maintenance of equipment. Flammable liquids shall not be kept in machine rooms.
J. 
Hoistways and shafts. Exterior access openings to above-grade hoistways and shafts shall be clearly and permanently marked to indicate that such access opens on a hoistway or shaft.
K. 
Sewage and storm drainage. Volatile, flammable liquids and substances which will produce explosive mixtures shall not be discharged into sewage and storm drainage systems.
L. 
Commercial ovens. Controls for ventilation, fuel, temperature and conveyers shall be maintained in safe operating condition.

§ 114-44 Special property uses or conditions.

A. 
General requirements.
(1) 
This section provides regulations for public safety from the hazards of fire which may result from special property uses or conditions.
(2) 
These regulations apply in addition to other applicable regulations of this Article.
B. 
Service stations and garages.
(1) 
Storage and handling of motor vehicle fuel.
(a) 
Motor vehicle fuel storage shall not be permitted within a service station or garage containing a pit, basement or depressed area, unless adequate ventilation is provided to prevent the accumulation of flammable vapors.
(b) 
Handling of motor vehicle fuel in open containers is prohibited.
(c) 
Portable containers for motor vehicle fuel shall have a spring- or screw-type cover with a spout or other design to prevent spilling when poured.
(2) 
Dispensing of motor vehicle fuel.
(a) 
Dispensers shall be maintained to prevent leakage or accidental discharge.
(b) 
Remote master control devices, to shut off all pumps in the event of an emergency, shall be accessible and properly identified as pump shutoff controls.
(c) 
Dispenser hoses shall be of a type with automatic self-closing nozzles.
(d) 
Impact valves, which close automatically in the event of fire or severe impact, shall be maintained in safe operating condition.
(e) 
Fuel shall not be dispensed unless the motors of vehicles receiving fuel are shut off.
(f) 
Smoking shall be prohibited in areas where motor vehicles are fueled or serviced.
(g) 
Portable fifteen-pound dry powder fire extinguishers shall be provided at service stations and garages dispensing motor vehicle fuel. Such extinguishers shall be located as to be readily accessible in the event of a fire.
(3) 
Abandonment or removal of underground tanks.
(a) 
Underground tanks originally used for storage of combustible material which are out of service for 30 days shall be made safe by capping the fill line, gauge opening and pump suction and securing against tampering.
(b) 
Underground tanks originally used for storage of combustible material which are abandoned in place shall be made safe by removing flammable or combustible liquid from the tank and connecting lines, disconnecting the suction, inlet, gauge and vent lines, filling the tank completely with an inert, solid material and capping the remaining underground piping.
(c) 
Underground tanks which have been removed shall not be reinstalled until the tank has been appropriately cleaned, repaired if necessary, tested and made corrosion resistant.
C. 
Bowling establishments.
(1) 
Lane resurfacing operations shall not be carried on while the establishment is open for business. During such operations, proper ventilation shall be provided; heating, ventilating or cooling systems employing recirculation of air shall not be operated; electric motors or other equipment which might be of a source of ignition shall be shut down; and smoking shall be prohibited.
(2) 
Pin refinishing operations involving the application of flammable finishes shall be conducted in a room designed for this type of operation and under conditions conforming with the requirements of Subsection C(1) of this section.
(3) 
Power tools used in connection with resurfacing or refinishing operations shall be effectively grounded or of a double-insulated type. Safety receptacles shall be used for storing and disposing of dust and other residual matter from the operations of lathes, sanding and buffing machines.
(4) 
Flammable or combustible liquids for use in resurfacing or refinishing operations shall be stored in a fireproof room set aside for that purpose only and shall not exceed 60 gallons (227 liters) of storage, either in original metal containers or in individual five-gallon (18.9 liters) maximum capacity safety containers.
D. 
Tents and air-supported structures.
(1) 
Tents and air-supported structures including decorative materials shall be of flame-resistive materials.
(2) 
Operating pressure shall be maintained at a level to assure structural stability and to avoid excessive distortion during high winds or snow loads.
(3) 
Doors shall not be left open under any condition during high winds. Use of doors in air-supported structures shall be controlled to avoid excessive air loss.
(4) 
Hay, straw, shavings or similar combustible materials shall be prohibited within any tent or air-supported structure used for assembly other than that necessary for the daily feeding and care of animals. Combustible materials shall not be permitted under stands or seats at any time. The area within and adjacent to the tent or air-supported structure shall be maintained clear of flammable material or vegetation which may constitute a fire hazard.
(5) 
Open-flame devices shall not be allowed inside or within 20 feet (6.10 meters) of the tent or air-supported structure.
E. 
General outdoor storage.
(1) 
Access to all portions of the storage area by fire department equipment shall be unobstructed.
(2) 
It shall be prohibited to use salamanders, braziers, portable heaters or open fires in the area of stored combustible material.

§ 114-45 Material for welding and cutting.

A. 
This section shall apply to oxygen and fuel gas such as acetylene, hydrogen, natural gas, liquefied petroleum gas and other gases which are used for oxy-fuel gas welding or cutting; electric arc welding or cutting; and acetylene generators and calcium carbide.
B. 
Welding and cutting.
(1) 
One portable carbon dioxide fire extinguisher shall be provided for each welding device within 10 inches of where welding or cutting is to be performed. Sprinkler systems subject to fusing from heat due to welding or cutting shall be temporarily shielded with valves to remain open.
(2) 
Welding or cutting shall not be performed in or near rooms or locations where flammable gases, liquids or vapors, lint, dust or loose combustible stocks are present unless suitably protected when sparks or hot metal from the welding for cutting operations may cause ignition or explosion of such materials.
(3) 
Welding or cutting shall not be performed on containers and equipment which contain or have contained flammable liquids, gases or solids until these containers and equipment have been thoroughly cleaned or inverted or purged.
(4) 
When welding or cutting operations are performed above, or within 35 feet (10.7 meters) of combustible construction or material exposed to the operation, or within 35 feet (10.7 meters) of floor, ceiling or wall openings, the following shall be provided:
(a) 
Combustible construction or material shall be wetted down or protected by noncombustible shields or covers from possible sparks, hot metal or oxide;
(b) 
Floor, ceiling or wall openings shall be protected by noncombustible shields or covers; and
(c) 
A fire watcher shall be provided to watch for fires, make use of portable fire extinguishers or fire hose and perform similar fire prevention and protection duties. The fire watcher shall remain for at least 30 minutes after the welding or cutting operations have been completed to ensure that no fire exists.
C. 
Oxy-fuel gas welding and cutting.
(1) 
Fuel gas cylinders stored inside of buildings, except those in actual use or attached ready for use, shall be limited to a total capacity of 2,000 cubic feet (56.6 cubic meters) of gas or 300 pounds (136 kilograms) of liquefied petroleum gas. Storage exceeding 2,000 cubic feet (56.6 cubic meters) total gas capacity of cylinders or 300 pounds (136 kilograms) of liquefied petroleum gas shall be in a separate room, or cylinders shall be stored outside or in a separate building.
(2) 
Oxygen cylinders stored inside buildings shall be separated from fuel gas cylinders or combustible materials by a minimum distance of 20 feet (6.10 meters) or by an appropriate noncombustible barrier.
(3) 
Gas or oxygen cylinders stored inside of buildings shall be located where they will not be exposed to excessive rise in temperature, physical damage or tampering by unauthorized persons.
(4) 
Separate rooms or buildings for fuel gas storage shall be ventilated and heating shall be by indirect means.
(5) 
Where caps are provided for valve protection, such caps shall be in place except when gas or oxygen cylinders are in service or connected ready for service. Empty cylinders shall have their valves closed while in storage.
(6) 
Pressure regulators, valves and hoses shall be maintained gastight and in safe operating condition and, when used for oxygen, shall be kept free from oil or grease.
(7) 
The use of liquid acetylene is prohibited.
(8) 
The aggregate capacity of fuel gas cylinders connected to one manifold inside a building shall not exceed 3,000 cubic feet (85.0 cubic meters) of gas or 300 pounds (136 kilograms) of liquefied petroleum gas. More than one such manifold may be located in the same room, provided that the manifolds are at least 50 feet apart.
(9) 
An oxygen manifold connected to cylinders having an aggregate capacity of more than 6,000 cubic feet (170 cubic meters) shall be located outside, in a separate building or in a separate room.
(10) 
All fuel and oxygen cylinders must be fastened and secured to prevent accidental tipping or damage.
D. 
Electric arc-welding and cutting.
(1) 
The frame or case of electric arc-welding or cutting machines, except internal combustion engine driven machines, shall be grounded. Ground connections shall be mechanically strong and electrically adequate.
(2) 
When not in use, electric arc-welding or cutting equipment shall be disconnected from the power source.

§ 114-46 Fumigants and thermal insecticidal fogging liquids.

A. 
This section shall apply to substances such as methyl bromide, ethylene dibromide, hydrogen cyanide, carbon disulphide and sulfuryl fluoride, which by themselves or in combination with other substances emit or liberate gases, fumes or vapors used for the destruction or control of insects, fungi, vermin, germs, rodents or other pests and shall be distinguished from insecticides and disinfectants which are essentially effective in the solid or liquid phases.
B. 
Fires, open flames, smoking or other sources of ignition shall be prohibited in any space under fumigation or thermal insecticidal fogging. Heating shall be by indirect means with steam or hot water. Electricity shall be shut off, except for fans which shall be operated in a manner which will not create an ignition hazard.
C. 
Warning signs indicating the danger, type of chemical to be used and recommended precautions shall be posted at entrances to premises where fumigants are being used.
D. 
It is prohibited to use thermal insecticidal fogging liquids having a flash point below 100° F. (37.8 Celsius).
E. 
For thermal insecticidal fogging indoors, not more than one gallon of insecticide shall be used for each 50,000 cubic feet (1,416 cubic meters) of space. Fog shall not be directed against combustible objects or materials.
F. 
The local fire department shall be notified at least 24 hours prior to use of any substance enumerated in Subdivision A hereof.

§ 114-47 Fire safety safeguards and practice.

A. 
Fire safety practice shall be observed as set forth in this section to ensure that property and materials shall be maintained in a manner which will provide the public with safeguards from the hazards of fire, explosion or the release of toxic gases.
B. 
Exterior protection.
(1) 
Dry vegetation, combustible waste and refuse. Quantities of dry vegetation, combustible waste and refuse, which by reason of their proximity to buildings or structures would constitute a fire hazard or contribute to the spread of fire, shall be removed.
(2) 
It is prohibited to install or maintain wires, cable, ropes, aerial antennas or other overhead obstructions on the roofs of buildings having a roof slope of less than 30° (0.52 radian), unless there is a full clearance of seven feet (2.13 meters) or more between the roof surface and such obstruction, except obstructions may be installed less than seven feet (2.13 meters) high, provided that they are protected in a manner to prevent injury to fire fighters working on the roof during periods of reduced visibility.
(3) 
Unless otherwise legally authorized, outdoor fires, including bonfires and rubbish fires, shall not be permitted.
C. 
Interior protection.
(1) 
Combustible wastes and refuse.
(a) 
Except for one-family and two-family dwellings, premises shall provide specifically designated rooms, areas or containers in or on the premises for the temporary storage of combustible waste or refuse.
(b) 
Combustible waste and refuse shall be stored in:
[1] 
Containers constructed of noncombustible materials, equipped with tightfitting covers;
[2] 
Bins constructed of noncombustible materials, equipped with self-closing covers or covers that close automatically in case of fire inside the bin; or
[3] 
Rooms designed for such storage.
(c) 
Combustible waste and refuse shall be disposed of within 24 hours to prevent accumulations thereof.
(2) 
Cleaning compounds.
(a) 
Only water solutions, detergents or noncombustible floor sweeping compounds and grease absorbents shall be used for cleaning floors.
(b) 
The use of sawdust or similar combustible materials to soak up combustible or flammable liquids spilled or dropped from machinery or processes on floors is prohibited.
D. 
Portable heaters.
(1) 
Portable heating equipment using kerosene or other flammable liquids shall be prohibited except during building construction, alteration or repair.
(2) 
Portable heaters shall not be located within 25 feet of combustible materials and shall be maintained in operating condition.
(3) 
Portable electric heaters shall be equipped with automatic shutoff devices for safety purposes in the event of tip-over.

§ 114-48 Fire safety equipment.

Fire safety equipment, including fire-extinguishing, fire-warning and standpipe systems, shall be maintained operable at all times and under all weather conditions except during repairs. The local fire department shall be notified immediately in the event that such equipment becomes inoperable.

§ 114-49 Administration and compliance.

A. 
General.
(1) 
The Department of Fire Prevention and Safety of the village is hereby designated as the agency to administer and secure compliance with the applicable Fire Prevention Code. Such agency is hereinafter referred to as "the agency."
(2) 
The agency shall be under the direction and charge of the Commissioner of Fire Prevention, who shall have as his representatives such assistants and inspectors as may be necessary to carry out effectively the powers and duties of the agency.
(3) 
All personnel of the agency shall be qualified and appointed as prescribed by the Board of Trustees and shall be furnished with appropriate official badges or identification cards.
(4) 
All personnel of the agency shall be free from personal liability for acts done in good faith in the performance of their official duties.
B. 
Powers and duties.
(1) 
The agency shall be charged with the duty of administrating the applicable standards of this Article and securing compliance therewith and shall be empowered to adopt rules and regulations necessary for securing such compliance and for its own organization and internal management, provided that such rules and regulations shall not be in conflict with the applicable standards of the code.
(2) 
The agency shall be authorized to conduct surveys of buildings in any area of the village to determine the condition of premises and compliance with the Fire Prevention Code.
(3) 
It shall be the duty of the Commissioner of Fire Prevention:
(a) 
To cause periodic inspections to be made of premises within the scope of applicable code.
(b) 
To cause an investigation to be made of all complaints of fire prevention violations or other unsafe conditions.
(c) 
To order, in writing, the remedying of all conditions found to exist in or on any premises in violation of provisions of the code, to state in the violation order a reasonable time limit for compliance therewith and, where necessary, to order the vacating of premises found unsafe for human habitation.
(d) 
To cooperate with other municipal, governmental and private agencies engaged in the enforcement of fire prevention.
(4) 
Where violations of the Fire Prevention Code exist and pose an immediate hazard or danger to the health, safety or welfare of building occupant or of the public, the Commissioner of Fire Prevention may issue an order citing the violation and directing such action by such other village agency as is necessary to remove or abate the immediate hazard or danger.
(5) 
Inspection.
(a) 
Inspectors shall be authorized and have the right, in the performance of their duties, to enter any premises during normal business hours and in emergencies whenever necessary to protect the public interest.
(b) 
Owners, agents, operators and occupants shall be responsible for providing access to all parts of the premises within their control to authorized agency personnel acting in the performance of their duties.
C. 
Records. The agency shall keep records of all complaints received, inspections made, violations found and compliance actions taken relating to any violation regarding premises regulated by the code. Records shall be kept and shall be available for public inspection.
D. 
Service of violation orders.
(1) 
A violation order may be served either personally, by delivering to and leaving a copy thereof with the person to whom such order is directed, or if the person to whom such order is directed cannot be found within the Village of Great Neck Plaza, after diligent search shall have been made for him, then such order may be served by posting a copy thereof in a conspicuous place on the premises where such violation is alleged to exist or to which said order may refer and also depositing a copy thereof in a post office, branch post office or in a post office box legally maintained by the government of the United States in Great Neck, New York, enclosed in a sealed, postpaid wrapper, addressed to said person at his last known place of residence.
(2) 
A violation order may be served by any officer or employer of the village or by any other person designated or authorized by the Board of Trustees of the village.
E. 
Penalties.
(1) 
Every person who shall fail to comply with a violation order issued by the agency within the time stated in said order shall be guilty of a violation of this code and shall be subject to the penalties herein provided for.
(2) 
Every person who shall fail to comply with any provision of this code shall be guilty of a violation of this code and shall be subject to the penalties herein provided for.
(3) 
Each day that a violation of this code is permitted to exist shall constitute a separate violation of this code.
(4) 
The penalty for each and every violation of this code shall be a fine of not more than $250 or imprisonment for not more than 15 days, or both.[1]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

§ 114-50 Compliance.

A. 
Responsibilities of owners. Owners of premises shall be responsible for compliance with all of the fire prevention standards and requirements set forth in this code applicable to their premises and shall remain responsible therefor regardless of the fact that this code may also place certain responsibilities on operating agents and occupants and regardless of any agreements between owners and operating agents or occupants as to which party shall assume such responsibility.
B. 
Responsibilities of occupants. Occupants of buildings shall be responsible for compliance with the Fire Prevention Code and requirements in regard to but not limited to the following:
(1) 
Maintenance of that part of the premises which he occupies or controls in compliance with the provisions of this code.
(2) 
Keeping exits from his unit clear and unencumbered.
(3) 
Disposal of garbage and refuse to facilities provided in a clean and fire safe manner.