Town of Haverstraw, NY
Rockland County
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Table of Contents
Table of Contents
[Adopted 4-27-1992 by L.L. No. 2-1992; amended in its entirety 6-23-1997 by L.L. No. 10-1997]
A. 
It is the intent of this article to supplement and expand upon the requirements of the New York State Uniform Fire Prevention and Building Code by prescribing minimum requirements which are necessary to establish a reasonable level of life, safety and property protection from the hazards created by fire and explosion. In areas of conflict with the state code, the more restrictive regulations shall apply.
B. 
Compliance with codes or standards of the American Insurance Association or the National Fire Protection Association shall be deemed to be prima facie evidence of compliance with this intent, except where this article is stricter.
A. 
The provisions of this article shall apply equally to new and existing conditions within the unincorporated area of the Town of Haverstraw, except that existing conditions not in strict compliance with this article may be permitted to continue whereas the exceptions do not constitute a distinct hazard to life and property.
B. 
The Code Enforcement Officer or Firesafety Inspector and their deputies of the Town of Haverstraw shall have authority to grant a waiver of the existing condition upon the written application of the person owning the installation concerned. Any waiver of existing conditions shall be based upon the public safety.
A. 
This article shall be enforced by the Code Enforcement Officer and the Fire Safety Inspector of the Town of Haverstraw and his deputies, if any.
B. 
The Firesafety Inspector of the Town of Haverstraw shall serve under the immediate direction and control of the Code Enforcement Officer (Building Inspector) of the Town of Haverstraw pursuant to the New York State Uniform Fire Prevention and Building Code which the Town of Haverstraw has adopted in its entirety.
C. 
The Firesafety Inspector shall be appointed by the Town Board of the Town of Haverstraw and shall receive a salary as set by the Town Board by resolution.
D. 
For the purpose of this article, the terms used herein are defined as follows:
MUNICIPALITY
The Town of Haverstraw, Rockland County, New York, exclusive of any area of the Town within an incorporated village.
The Firesafety Inspector or his deputy may, at all reasonable hours, enter any building or premises for the purpose of making any inspection or investigation which, under the provisions of this article, may be deemed necessary to be made. He may call for assistance in the performance of his duties upon any other law enforcement agency which is directed to give such assistance.
It shall be the duty of the Code Enforcement Officer, Firesafety Inspector and their deputies to inspect all buildings and premises except single-family dwellings as often as may be necessary for the purpose of ascertaining and causing to be corrected any conditions liable to cause a fire, contribute to the spread of a fire, interfere with fire-fighting operation or endangering life or any violation of the provisions or intent of this article or any other ordinance or law affecting firesafety. It shall be the duty of the Code Enforcement Officer, Firesafety Inspector and their deputies to notify the proper authorities if there has been a suspicious fire or loss of life from fire. Proper authorities investigating said fire shall notify the Town of Haverstraw officials responsible for this article as to the results of their inspection and investigation.
A. 
Whenever any Firesafety Inspector or any Deputy Firesafety Inspector thereof shall find in any building or upon any premises dangerous or hazardous conditions or materials as follows, the Firesafety Inspector or his deputy shall order such dangerous conditions or materials to be removed or remedied in such manner as may be specified by the Firesafety Inspector:
(1) 
Dangerous or unlawful amounts of combustible, explosive or otherwise hazardous materials.
(2) 
Hazardous conditions arising from defective or improperly installed equipment for handling or using combustible, explosive or otherwise hazardous material.
(3) 
Dangerous accumulations of rubbish, wastepaper, boxes, shavings or other highly flammable materials.
(4) 
Accumulations of dust or waste material in air-conditioning or ventilating systems or of grease in kitchen or other exhaust ducts.
(5) 
Obstructions to or on fire escapes, stairs, passageways, doors or windows liable to interfere with the operations of the Fire Department or egress of occupants in case of fire.
(6) 
Any building or other structure which, for want of repairs, lack of sufficient fire escapes or other exit facilities, automatic or other fire alarm apparatus or fire extinguishing equipment or by reason of age or dilapidated condition or from any other cause, creates a hazardous condition.
B. 
The Firesafety Inspector shall have the authority to designate emergency fire lanes on any street or access, public or private, which street serves multiple dwellings, shopping centers, industrial sites or places of public assembly, and to lane said streets to provide for access of fire equipment or to prevent parking on any such street to permit access of fire equipment. The Firesafety Inspector shall notify the Town Clerk, in writing, of such fire lane designations, and the Town Clerk shall notify the Town Superintendent of Highways as to which street or streets shall be so marked for fire lanes. The Firesafety Inspector shall also have the authority to notify the owner of such street to mark such streets pursuant to the order of the Firesafety Inspector at the owner's cost and expense. If such markings shall be made by the Town Highway Superintendent, the cost of the same may be a charge upon said owner as though a tax or special assessment. In addition, as to any private or public property on which shall be located multiple dwellings containing more than six dwelling units or where there is a shopping center, industrial use or place of public assembly, the Firesafety Inspector may designate areas therein for fire lanes for the entry and egress in fighting fires as he shall deem necessary, and he shall notify the owner of said land of his determination. Any person who shall violate his order shall be prosecuted pursuant to §§ 84-47 and 84-48.
C. 
The Firesafety Inspector shall be notified by the Planning Board of all subdivisions or sites wherein fire hydrants are to be located and shall consult as to their location and installation. Firesafety inspections of buildings containing the following types of occupancies are required:
(1) 
Areas of public assembly, as defined in Part 606 of the Uniform Code. Such inspections are to be conducted at least once per year.
(2) 
All multiple dwellings and all nonresidential occupancies. Such inspections are to be conducted at least once per year.
(3) 
In response to bona fide complaints regarding conditions or activities allegedly failing to comply with the Uniform Code.
(4) 
On any occasion when conditions are hazardous to public health, safety or welfare.
Outdoor fires include all fires burning outdoors with the exception of fires used to cook food in approved and/or recognized grills or stoves. All outdoor fires are prohibited with the exception of live-burn drills conducted by the Fire Department, fires for religious purposes or for other purposes as specifically approved by the Fire Inspector. Prior approval from the Rockland County Health Department and a permit from the Fire Inspector are required for all outdoor fires. Any other person, firm or corporation starting, maintaining or having control over an outdoor fire would be in violation of this article.
A. 
When a structure is protected by an automatic fire alarm system or fire suppression system and access to or within the structure is unduly difficult because of secured openings and where immediate access is necessary for lifesaving or fire-fighting purposes, the Code Enforcement Officer, Firesafety Inspector and/or their deputies may require a key box to be installed in an approved location.
B. 
All new business, mercantile, industrial, storage, assembly, institutional and three-or-more-story multiple residences constructed, altered or changed in use after the effective date of this article shall have installed a key box in an approved location. Such key boxes shall be installed prior to the issuance of a certificate of occupancy.
C. 
The key box shall be of the type approved by the Code Enforcement Officer, Firesafety Inspector and/or their deputies; and, in order to maintain uniformity throughout Rockland County, order forms for said key box must be obtained from the Code Enforcement Officer, Firesafety Inspector and/or their deputies.
D. 
The key box shall contain:
(1) 
Keys to locked points of ingress, whether on the interior or exterior of such structures.
(2) 
Keys to locked mechanical rooms.
(3) 
Keys to locked electrical rooms.
(4) 
Keys to elevator controls.
(5) 
Keys to other areas as directed by the Code Enforcement Officer, Firesafety Inspector or their deputies.
(6) 
The layout of the building showing the locations of the above.
(7) 
Other information as requested by the Code Enforcement Officer, Firesafety Inspector or their deputies.
Every outside opening accessible to the Fire Department that opens directly on any hoistway or shaftway communicating between two or more floors in a building shall be plainly marked with the word "SHAFTWAY" in red letters at least six inches high on a white background; such warning signs shall be so placed as to be readily discernible from the outside of the building.
Stairways serving four or more stories shall be provided with signs indicating floor level, roof access or not roof access and reentry locations in accordance with the National Fire Protection Association Life Safety Code (NFPA 101).
New and existing buildings shall have approved address numbers placed in a position to be plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. The numbers should be at least four inches in height and if possible made of a reflective material for nighttime visibility.
Upon inspection and identification of a building's truss, wood I-beam or other lightweight-type construction, the owner/occupant shall be notified by the Code Enforcement Officer and/or Fire Inspector of the requirements of this article. Upon notification, the owner/operator shall be required to permanently affix an approved twelve-by-eighteen-inch reflective truss construction identification logo on the building. The exact location shall be identified by the Code Enforcement Officer and/or the Fire Inspector. The identification logos shall be properly installed within 10 days of receipt of written notice.
The use of grills, barbecues or other devices for cooking food utilizing propane or producing an open flame shall be prohibited within 10 feet of any building used as a multiple dwelling. The storage of propane or any other fuel used for such devices inside any building shall also be prohibited.
Where security gates are utilized, key boxes shall be provided.
All buildings except one- and two-family residences constructed after the date of this article's adoption shall have a fire sprinkler system installed conforming to NFPA standards.
A. 
For any existing building, structure or occupancy, except a one- or two-family residence, which does not contain a sprinkler system conforming to NFPA standards where the total floor area is increased by 50% or more or for which the cost of any alterations, additions or repairs made within a six-month period exceeds 50% of the cost of replacement of the building at the beginning of that six-month period or where the use is converted to a C-5 occupancy, as defined by the New York State Uniform Fire Prevention and Building Code, 9 NYCRR Title 9, plans shall be submitted in accordance with § 100-9B and a fire sprinkler system installed.
B. 
No certificate of occupancy shall be issued for occupancy or use of any building, structure or portion thereof required to have a fire sprinkler system unless such system is installed, inspected, tested and approved in accordance with NFPA standards.
All sprinkler systems shall be tested on a semiannual basis. Copies of all service, repair, inspection and testing reports shall be forwarded to the Fire Inspector within 10 days of such service, repair, inspection or testing.
In order to ensure that fire fighters utilize the proper siamese connection, all siamese connections and/or the protective covers installed on the siamese connection shall be color coded as follows:
A. 
Red: siamese supplying a standpipe (fire hose) system.
B. 
Green: siamese supplying a sprinkler system.
C. 
Yellow: siamese supplying a combination standpipe and sprinkler system.
A. 
All buildings and structures other than one-family and two-family residences shall be equipped with fire detection and alarm systems. A sprinkler system with a water flow device monitored to immediately send an alarm to the Fire Department shall be considered a fire detection system.
B. 
All fire detection and alarm systems shall be installed and maintained in accordance with the most current edition of the National Fire Protection Association Fire Alarm Code (NFPA 72).
C. 
Copies of all service, repair, inspection and testing reports shall be forwarded to the Fire Inspector within 10 days of such service, repair, inspection or testing.
D. 
The Fire Inspector shall be notified in writing prior to the installation of any fire alarm or fire detection system. Such notification shall consist of plans sufficient to determine compliance with this article.
E. 
Fire alarm or fire detection systems shall have an annunciator or remote located at or near the main entrance of the building. Such annunciator shall show the location and type of alarm. A floor plan of the protected premises shall also be provided at this location. The location of any annunciator or panel not clearly visible upon entry of the main entrance of a building shall be marked with a sign.
F. 
Upon activation of a fire alarm, the persons in charge of a premises shall cause the premises to be evacuated unless an evacuation plan preapproved by the Fire Inspector and Code Enforcement Officer is in place. In such case the provisions of the plan shall be followed.
G. 
No fire system shall be reset from an alarm condition unless approved by the Fire Inspector or Fire Department officer-in-charge. A sign stating such shall be provided on all fire alarm panels capable of resetting an alarm.
H. 
The owner or responsible party of any premises containing a fire alarm or fire detection system shall ensure that a qualified technician is available to respond within two hours of notification to initiate needed repair or service of the system.
I. 
If the fire alarm system is not tested on a daily basis, all dedicated phone lines used for the purpose of maintaining fire alarm systems shall be equipped with a visual/audio signal on the exterior of the building to operate in the event of a line failure or disablement. It shall be the sole responsibility of the property owner to maintain all dedicated fire alarm system phone lines active at all times.
J. 
A red nameplate with one-inch white letters shall be located below the visual/audio signal with the following information:
(1) 
Name of the alarm company.
(2) 
Telephone number of the alarm company.
All fire detection and sprinkler alarm systems shall be tied into the Rockland County Central Alarm System (44 Control).
A. 
Protection of cooking equipment and ductwork.
(1) 
All commercial cooking appliances, exhaust removal systems, ductwork and related equipment shall be protected by an automatic fire extinguishing system installed and maintained in compliance with current applicable National Fire Protection Association standards.
(2) 
These systems shall be inspected by an approved service firm on a semiannual basis. To ensure proper inspection, a uniform inspection form, provided by the Fire Inspector, shall be utilized with a copy of the completed form forwarded to the Fire Inspector within 10 days of the inspection.
B. 
Special extinguishing systems. Wherever deemed necessary for the protection of a special hazard, the Fire Inspector may require the installation of a special extinguishing system. Any such special extinguishing system shall be installed and maintained in accordance with the most current applicable National Fire Protection Association standards.
A. 
The parking of any vehicle within 15 feet of any fire hydrant or Fire Department siamese connection shall be prohibited.
B. 
No shrubs, dumpsters or other items that may obstruct the view of and/or access to any fire hydrant or Fire Department siamese connection shall be permitted.
A. 
In order to notify responding fire fighters of conditions within a building or structure equipped with sprinkler systems, fire alarm systems or containing hazardous materials or other hazards to fire fighters, identification strobe lights shall be installed on the exterior of the building as follows:
(1) 
Red strobe light: located above the Fire Department siamese connection of a sprinklered building to indicate activation of the water flow alarm.
(2) 
Yellow strobe light: installed to indicate activation of a pull station, smoke detector, heat detector or other alarm device.
(3) 
Blue strobe light: installed to indicate the presence of hazardous materials, conditions or other danger to fire fighters.
B. 
The exact location of these lights shall be determined by the Fire Inspector.
Where identification of buildings and structures containing hazardous materials is required in accordance with the New York State Uniform Fire Prevention and Building Code, the National Fire Protection Association Hazardous Materials Identification System (NFPA 704) shall be utilized.
A. 
An annual certificate of compliance to ensure compliance with all requirements of this article and the New York State Uniform Fire Prevention and Building Code shall be required for all uses and occupancies of property other than one- or two-family dwellings. Such certificate does not take the place of any other permits or certificates required by law. It shall not be transferrable, and any change in the use or occupancy of the premises shall require a new certificate.
B. 
Before a certificate of compliance may be issued, a Fire Inspector or Deputy or Assistant Fire Inspector shall make such inspections or tests as are necessary to assure that the provisions of this article and the New York State Uniform Fire Prevention and Building Code are being complied with.
C. 
Any certificate of compliance required under the provisions of this section shall be issued by the Building Department upon approval of the Fire Inspector, and such certificate shall be posted or displayed in a conspicuous place on the premises.
D. 
The Town of Haverstraw may require applicants to submit written applications supplying under affidavit such information needed for fire protection purposes as requested by the Fire Inspector and/or Fire Department.
E. 
Fees for certificates of compliance for new or changed uses and annual inspection fees payable each year for the specific uses subject to inspection by the Fire Inspector shall be established from time to time by resolution of the Haverstraw Town Board.
This article shall not be construed to subject the Town of Haverstraw or any officers or employees thereof to any civil or other liability for any damage to persons or property by reason of the inspection or reinspection authorized herein or failure to inspect or reinspect or the permit issued as herein provided or the approval or disapproval of any equipment authorized herein.
The Firesafety Inspector shall inspect each commercial and industrial establishment, mercantile, private educational and institutional occupancy, place of assembly, hotel, multifamily house and trailer camp and shall specify suitable fire-detecting devices or extinguishing appliances, which shall be provided in or near boiler rooms, kitchens or restaurants, clubs and like establishments, storage rooms involving considerable combustible material, rooms in which hazardous manufacturing processes are involved, repair garages and other places of a generally hazardous nature. Such devices or appliances may consist of automatic fire alarm systems, automatic sprinkler or water-spray systems, automatic fire and/or smoke sensors or detectors, fire alarm signal boxes, emergency lights, standpipe and hose, fixed or portable fire extinguishers of a type suitable for the probable class of fire, or suitable asbestos blankets, manual or automatic or carbon dioxide or other special fire extinguishing systems. In special hazardous processes or storage, appliances of more than one type or special systems may be required.
A. 
A person owning, operating, occupying or maintaining property or premises within the scope of the New York State Uniform Fire Prevention and Building Code or this article shall comply with all the provisions of this article and all orders, notices, rules, regulations or determinations issued in connection therewith.
B. 
Whenever the Firesafety Inspector finds that there has been a violation of this article or any rule or regulation adopted pursuant to this article, a violation order shall be issued to the person or persons responsible.
C. 
The violation order shall be in writing, shall identify the property or premises, shall specify the violation and remedial action to be taken, shall provide a reasonable time limit for compliance and shall state the time within which an appeal may be taken.
D. 
Violation orders may be served by personal service, by mailing (by registered or certified mail) or by posting a copy thereof in a conspicuous place on the premises and by mailing a copy thereof to the premises on the same day as posted, enclosed in a postpaid wrapper addressed to the person responsible.
E. 
In case the owner, lessor, occupant or the agent of any of them shall fail, neglect or refuse to remove, eliminate or abate the violation within the time specified in the violation order, the Building Inspector and/or the Firesafety Inspector may issue an appearance ticket to the violator in accordance with this section.
F. 
The enforcement officials designated in this article (see § 84-22, Enforcement) shall have the power, right and authority to issue an appearance ticket, as the same is defined in Article 150 of the Criminal Procedure Law of the State of New York for violation of any section of this article or any provision of the New York State Uniform Fire Prevention and Building Code.
A. 
Any person who shall fail to comply with a written order of the Firesafety Inspector within the time fixed for compliance therewith or who shall violate any of the applicable provisions of this article or any lawful order, notice, directive, permit or certificate of the Firesafety Inspector made thereunder shall be punishable by a fine of not exceeding $350 or imprisonment for a period not to exceed six months, or both, for a conviction of a first offense; for a conviction of a second offense, both of which were committed within a period of five years, punishable by a fine of not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both; and, upon conviction of a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine not less than $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or both.
B. 
An action or proceeding in the name of the Town of Haverstraw may be commenced in any court of competent jurisdiction, including the Justice Court of the Town of Haverstraw, to compel compliance with or restrain by injunction the violation of any provision of this article, rule or regulation adopted pursuant to this article or a violation order or an order to vacate the occupancy of a building in the case of imminent danger to life or property. Such remedy shall be in addition to a penalty otherwise prescribed by law.
The Bureau of Fire Prevention shall function as a Board of Appeals for all matters covered by this article. The Bureau of Fire Prevention shall consist of the Fire Inspector, the Building Inspector and three residents as designated by the Town. Appeal shall be made in writing to the Bureau of Fire Prevention.
The fee schedule is as follows:
A. 
Class B-1 permanent occupancy, including the following, $75 per inspection per building:
(1) 
Building containing two or more dwelling units.
(2) 
Apartment houses and apartment hotels.
(3) 
Garden apartments.
(4) 
Community residence.
B. 
Class B-2 transient occupancy (hotel/motel), as follows:
(1) 
One hundred dollars for 10 rooms.
(2) 
Five dollars for each additional room.
C. 
Class B-3 multiple-dwelling, senior citizen housing, as follows:
(1) 
Forty dollars for each three-living-unit cluster.
(2) 
Ten dollars for each additional living unit.
D. 
Class B-4 adult residential care, health care facility, as follows:
(1) 
One hundred dollars for 10 beds.
(2) 
Five dollars for each additional bed.
E. 
C-1 business (offices), C-2 mercantile, C-3 industrial and C-4 storage, as follows:
Area
(square feet)
Fee
0 to 5,000
$50
5,001 to 10,000
$150
10,001 to 25,000
$500
25,001 to 50,000
$750
50,001 to 75,000
$1,000
75,001 to 100,000
$1,250
100,001 to 125,000
$1,500
F. 
Class C-5 place of assembly, as follows:
Capacity in Persons
Fee
0 to 50
$50
51 to 100
$75
101 to 300
$100
301 and over, per person
$0.50
If any provision of this article shall be invalidated by any court, such provision shall be deemed severable and the remaining provisions shall continue in full force and effect.
This article shall become effective September 1, 1997.