[HISTORY: Adopted by the Board of Trustees of the Village of Woodbury as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-12-2008 by L.L. No. 6-2008]
The Village Board of the Village of Woodbury hereby accepts the applicability of the New York State Uniform Fire Prevention and Building Code for the Village of Woodbury, to become effective immediately in accordance with the provisions of Article 18 of the Executive Law.
Pursuant to Article 18 of the Executive Law, the Village Board of the Village of Woodbury, Orange County, New York, accepts the applicability of the New York State Uniform Fire Prevention and Building Code to become effective immediately for the purpose of establishing reasonable rules and regulations to safeguard life and property from the hazards of fire, explosion or release of toxic gases arising from the storage, handling or use of hazardous substances, materials or devices.
There is hereby established the position of Fire Marshal of the Village of Woodbury to administer and enforce the New York State Uniform Fire Prevention and Building Code. The Fire Marshal shall be appointed by the Village Board and shall be considered a member of the Woodbury Building Department. In the alternative, the Village Board may enter into an agreement with an independent contractor for the administration and enforcement of this article and the New York State Uniform Fire Prevention and Building Code.
The Village Board may adopt rules and regulations for the administration and enforcement of the New York State Uniform Fire Prevention and Building Code upon the recommendation of the Fire Council. Such rules and regulations shall not conflict with the New York State Uniform Fire Prevention and Building Code, this article or any other provision of law.
The Village Board shall publish all rules and regulations at least 10 days prior to the effective date thereof in the Village's official newspaper.
Upon payment of the fee as prescribed in the schedule of fees adopted by the Village Board, permits shall be issued by and bear the name and signature of the Fire Marshal and shall contain the following information:
Activity or operation for which the permit is issued.
Address or location where the activity or operation is to be conducted.
Name and address of the permittee.
Period of permit validity.
Permit number and date of issuance.
Permits shall not be transferable, and any change in activity, operation, location, ownership or use shall require a new permit.
Permits shall continue for a period of one year from the date of issuance. An extension of the permit time period may be granted, provided that a satisfactory reason can be shown for failure to start or complete the work or activity authorized within the required time period.
Permits shall be obtained for the following:
Acetylene generators: to operate an acetylene generator having a calcium carbide capacity exceeding five pounds.
Automobile tire rebuilding plants: to operate an automobile tire rebuilding plant.
Automobile wrecking yards: to operate an automobile wrecking yard.
Bowling establishments: for bowling pin refinishing and bowling lane resurfacing operations involving the use and application of flammable or combustible liquids or material.
Cellulose nitrate motion-picture film: to store, keep or have on hand more than 25 pounds of cellulose nitrate motion-picture film.
Cellulose nitrate plastics (pyroxylin):
Combustible fibers: to store, handle or use combustible fibers in quantities in excess of 100 cubic feet, except agricultural products on a farm.
Combustible materials: to store combustible materials, including but not limited to empty combustible packing cases, boxes, barrels or similar containers, rubber tires, baled cotton, rubber, cork or other similar materials in excess of 2,500 cubic feet gross volume, on any premises.
Cryogenics: to store, handle or use cryogenic fluids, except cryogenics used as motor fuel and stored in motor vehicle tanks, as follows:
Dry-cleaning plants: to use in excess of four gallons of solvents or cleaning agents classified as flammable or combustible.
Dust-producing plants: to operate any grain elevator, flour, starch or feed mill, woodworking plant or plant pulverizing aluminum, coal, cocoa, plastics, magnesium, spices, sugar, sulfur or other materials producing explosive-potential dust.
Flammable and combustible liquids:
To store, handle or use flammable liquids in excess of 6 1/2 gallons inside dwellings or in excess of 10 gallons inside any other building or other occupancy or in excess of 60 gallons outside of any building. This provision shall not apply to liquids in the fuel tank of a motor vehicle, aircraft, portable or stationary engine, boat or portable heating plant; or paints, oils, varnishes or similar flammable mixtures when such liquids are stored for maintenance, painting or similar purposes.
To store, handle or use combustible liquids in excess of 25 gallons inside a building or in excess of 60 gallons outside of a building. This provision shall not apply to fuel oil in connection with oil-burning equipment.
For processing; blending or refining of flammable or combustible liquids.
Flammable finishing: for spraying, coating or dipping operations utilizing flammable or combustible liquids.
Fruit-ripening process: to conduct a fruit-ripening process using ethylene gas.
Fumigation and thermal insecticidal fogging: to conduct fumigation or thermal insecticidal fogging operations.
To store, handle or use more than 55 gallons of corrosive liquids; or more than 50 pounds of oxidizing materials; or more than 10 pounds of organic peroxides; or more than 50 pounds of nitromethane; or 1,000 pounds or more of ammonium nitrate, ammonium nitrate fertilizers and fertilizer mixtures containing 60% or more ammonium or any amount of toxic material or poisonous gas.
To store, handle or use any quantity of air-reactive, water-reactive or unstable materials.
Junkyards: to operate a junkyard.
Liquefied petroleum gas: for each installation of liquefied petroleum gas employing a container or an aggregate of interconnected containers of over 2,000 gallons' water capacity, and for each permanent installation, irrespective of size of containers, made at buildings in which 20 or more persons congregate for civic, political, educational, religious, social or recreational purposes. Installers shall maintain a record of all installations and replacement of portable cylinders and shall have it available for inspection.
Lumberyards: to operate a lumberyard.
Magnesium: for melting, casting, heat-treating machining or grinding of more than 10 pounds of magnesium per working day.
Organic coatings: to perform organic coating operations utilizing more than one gallon of organic coating on any working day.
Ovens and furnaces: to operate industrial processing ovens and furnaces operating at approximately atmospheric pressures and temperatures not exceeding 1,400° F. which are heated with oil or gas fuel or which during operation contain flammable vapors from the material in the oven or catalytic combustion system.
Places of assembly: to maintain, operate or use a place of assembly.
Service stations and repair garages: to operate a service station or repair garage.
Welding and cutting: to operate a welding and cutting business. A record of all locations where welding or cutting operations are performed shall be maintained and kept available for inspection by the permit holder.
Location of permits. All permits shall be displayed on the property or premises to which the permit is issued.
Revocation of permits. Permits may be suspended or revoked when it is determined that there is a violation of a condition under which the permit was issued or there has been misrepresentation or falsification of material facts in connection with the permit application or a condition of the permit.
All applications for a blasting permit shall be accompanied by a liability insurance policy in the amount of $1,000,000 naming the Village of Woodbury as an additional insured. No permit shall be issued for the use of explosives or blasting agents unless there has first been submitted to the Village's Fire Marshal such a liability insurance policy.
General requirements. Property subject to the applicability of this code shall be provided with safe means of egress.
Exits shall be maintained to provide free and unobstructed egress from all parts of the building or structure.
No barrier, lock or fastening device to prevent free escape from any building or structure shall be installed, except in institutions where supervisory personnel are constantly on duty and effective provisions are made to remove occupants in case of fire or other emergency.
Materials shall not be placed, stored or kept in stairways or corridors.
No aisle or passageway shall be obstructed so as to reduce its required width as an exit.
Exit enclosures shall be maintained free of building facilities which could interfere with use as an exit, such as piping for flammable liquids or gases. Interior decorations such as draperies, tapestries or mirrors shall not be permitted to obscure, conceal or confuse exit doors or signs or exit passageways.
Exit corridors shall be maintained clear of merchandise at all times and shall be marked by yellow striping on the floor in the corridor and a sign stating "fire corridor must be maintained clear at all times." Also, the exitway floor from the stock room to the exit shall be marked with yellow striping and shall be maintained clear at all times.
Exit access and exit discharge areas shall be so maintained as to provide a permanent, reasonable straight path of travel unimpeded by railings, barriers or gates dividing such areas into sections ancillary to adjoining individual rooms or spaces.
Aisles. In every portion of a building or area where seats, tables, merchandise, equipment or similar impediments to egress are present, required aisles shall be maintained free of all obstructions. Aisles, corridors or passageways leading directly to every exit shall be created and maintained in open floor areas where exits are not immediately accessible. Except where single exits or limited dead ends are permitted by the Building Code or other regulations, such aisles shall be so arranged as to provide access to at least two remote exits by separate paths of travel.
The Fire Marshal shall conduct periodic inspections for compliance with the provisions of the New York State Uniform Fire Prevention and Building Code. Such inspections may be made at any reasonable time.
If entrance to make an inspection is refused or cannot be obtained, the Fire Marshal may apply for a warrant to make an inspection to any court of competent jurisdiction.
The Fire Marshal shall keep official records of all permits, inspection reports, recommendations, complaints and violation orders.
A building or structure or part thereof which is an imminent danger to life and safety of the public as a result of a fire or explosion is hereby declared to be a public nuisance.
Whenever the Fire Marshal finds a building or structure or part thereof to be an imminent danger to life and safety of the public as a result of a fire or explosion, the Fire Marshal may cause it to be demolished and removed or may cause work to be done in and about the building or structure as may be necessary to remove the danger.
The Fire Marshal may require the occupants of any such building or structure or part thereof to vacate the premises forthwith. No person shall use or occupy such building or structure or part thereof until it is made safe. Except for the owner, no person shall enter a premises which has been ordered vacated unless authorized by the Fire Marshal to perform inspections or repairs or to demolish and remove such building or structure or part thereof.
All costs and expenses incurred by the Village of Woodbury in connection with any work done to remove the danger or in connection with the demolition and removal of any such building or structure shall be assessed against the land on which such building or structure is located, and a bill for such expenses shall be presented to the owner of the property, or, if the owner cannot be ascertained, then such bill shall be posted in a conspicuous place on the premises. Such assessment shall be and constitute a lien upon such land. If the owner shall fail to pay for such expenses within 10 days after the bill is presented or posted, a legal action may be brought to collect such assessment or to foreclose such lien. As an alternative to the maintenance of any such action, the Fire Marshal may file a certificate of the actual expenses incurred as aforesaid, together with a statement identifying the property in connection with which the expenses were incurred and the owner thereof, with the Assessor, who shall, in the preparation of the next assessment roll, assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time and under the same penalties as is provided by law for the collection and enforcement of real property taxes in the Village of Woodbury.
A Board of Review is hereby established for the purpose of granting variances where enforcement of any provision or requirement of the New York State Uniform Fire Prevention and Building Code results in practical difficulties or unnecessary hardships. Any such variance shall be consistent with the spirit of the code and shall not be inconsistent with Article 18 of the Executive Law.
The Zoning Board of Appeals of the Village of Woodbury is hereby designated as the Board of Review to hear appeals from any decisions of the Fire Marshal pursuant to this article.
The Fire Marshal shall obtain a copy of the Board of Review's decision for his records.
The Fire Marshal shall submit monthly reports to the Village Board of all inspections made and permits issued pursuant to this article. Also, the Fire Marshal shall meet with the Village of Woodbury Fire Council during January of each year to review the preceding year's activities, and, where necessary, the Fire Council may meet with the Board of Trustee liaison whenever the Fire Council deems it necessary.
This article shall not apply to any detached single-family residence unless there is a house to be constructed which must comply with the New York State Building Code and/or the New York State Uniform Fire Prevention and Building Code relating to construction, in which case the Code Enforcement Officer shall determine compliance.
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 the New York State Uniform Fire Prevention and Building Code, this article and all orders, notices, rules, regulations or determinations issued in connection therewith.
Whenever the Fire Marshal finds that there has been a violation of the New York State Uniform Fire Prevention and Building Code, this article or any rule or regulation adopted pursuant to this article, a violation order shall be issued to the person or persons responsible.
Violation orders 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.
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 post-paid wrapper addressed to the person responsible.
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 Fire Marshal shall take what legal action he deems necessary for the removal, elimination and abatement of the violation.
Any person who shall violate any of the provisions of the code hereby adopted or who shall fail to comply therewith or who shall violate or fail to comply with any order made thereunder or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder or any certificate or permit issued thereunder and from which no appeal has been taken or who shall fail to comply with such an order as affirmed or modified by the Bureau of Fire Prevention or by a court of competent jurisdiction, within the time fixed herein, shall, severally, for each and every such violation and noncompliance, respectively, be guilty of a misdemeanor punishable by a fine of not less than $250 nor more than $500 or by imprisonment for not more than 30 days, or by both such fine and imprisonment. The imposition of one penalty for any violation shall not excuse the violation nor permit it to continue, and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each day that prohibited conditions are maintained shall constitute a separate offense subject to the above fines.
If the exitway floor to the exit in the stockroom or the aisle is found blocked or has merchandise, equipment or similar impediments to egress, the store shall be closed until the following day when a further inspection shall be made by the Fire Marshal to determine if the exitway or aisle is cleared. Such violation shall be subject to a fine of $500 per day. Each day that the prohibited conditions are maintained shall constitute a separate offense subject to said fine.
If the exit corridor is found blocked or has merchandise, equipment or similar impediments to egress, the store shall be closed until the following day when an inspection shall be made by the Fire Marshal to determine that the corridor is cleared. Such violation shall be subject to a fine of $500 per day. Each day that the prohibited conditions are maintained shall constitute a separate offense subject to said fine.
The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.
[Adopted 8-12-2008 by L.L. No. 6-2008]
It shall be the responsibility of the owner of all new and existing buildings located within the Village of Woodbury which have facilities for three or more occupied dwelling units or commercial establishments having facilities for the overnight occupancy of three or more persons, such as but not limited to motels, hotels, nursing homes, rooming houses and transient facilities, to install smoke detectors in each such dwelling unit or accommodation as hereinafter provided. Said smoke detectors shall be capable of sensing visible or invisible particles of combustion and providing a suitable audible alarm thereof. Failure to install and maintain smoke detectors as and where required will subject the property owner to the penalties set forth hereinafter.
At least one smoke detector shall be installed to protect each sleeping area. A "sleeping area" is defined as the area or areas of the family living unit in which the bedrooms or sleeping rooms are located. Where bedrooms or rooms ordinarily used for sleeping are separated by other use areas, such as kitchens or living rooms but not bathrooms or closets, they shall be considered as separate sleeping areas for the purpose of this section. In commercial establishments, each separate room used as a sleeping area shall be considered a separate sleeping area.
At least one smoke detector shall be installed at the head (top) of each stairway or passageway leading up or to an occupied area in such a manner as to assure that rising smoke is not obstructed in reaching the detector and that the detector intercepts rising smoke before it reaches the sleeping area.
As an alternative to self-contained smoke detectors, an approved fire-detection system may be installed. Each fire-detection system must be individually approved and a permit issued therefor by the enforcement officer of the Village of Woodbury.
All devices, combinations of devices and equipment required herein are to be installed in conformance with the New York State Building Code.
In new residential dwellings, smoke detectors shall be wired directly (hard wired) to the building's power supply. In existing dwellings within multifamily dwellings of 10 units or more, the detectors shall meet the multifamily building power source requirements of state law or, in the absence of state law, the requirements hereunder covering other existing dwellings. In other existing dwellings it is preferred that smoke detectors be wired directly to the power supply. However, said detectors may be powered by a self-monitored battery or operated in a plug-in outlet which is fitted with a plug restrainer device, provided that the outlet is not controlled by any switch other than the main power supply.
Every detector or system installed or maintained under this article shall have an adequate power source for proper operation, and lack of same shall constitute a violation of this article.
Any person, firm or corporation violating any of the provisions of this article shall, upon conviction therefor, be subject to a fine not exceeding $100 or to imprisonment for 10 days, or both. Each day a violation is permitted to exist shall constitute a separate offense.