[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.
MUNICIPALITY
For the purpose of this article, the terms used herein
are defined as follows:
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.
[Added 12-14-2020 by L.L. No. 3-2020]
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 firefighting purposes, the Fire Chief
for the jurisdiction having authority (AHJ) may require a key box
to be installed in an approved location and on the structures deemed
necessary by the Fire Chief.
B.
The key box shall be of the type approved by the Fire Chief and,
in order to maintain uniformity throughout Rockland County, order
forms for said key box must be obtained from the Fire Chief for the
AHJ.
C.
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 Fire Chief, the layout of
the building showing the locations of the above.
(6)
Other information as requested by the Fire Chief.
[1]
Editor’s Note: Former § 84-27, Key boxes, was repealed
12-9-2019 by L.L. No. 7-2019.
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.
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.
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.
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 per day for each day of failure to comply with a written order
or violation of the applicable provisions of this article or any lawful
order, notice, directive, permit or certificate of the Firesafety
Inspector made thereunder or imprisonment for a period not to exceed
six months, or both.
[Amended 6-10-2019 by L.L. No. 4-2019]
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:
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.
