Village of Farmingdale, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Farmingdale 9-23-1985 by L.L. No. 3-1985[1] (Ch. 48, Art. I, of the 1975 Code); amended in its entirety 8-6-2018 by L.L. No. 5-2018. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Board of Fire Commissioners — See Ch. 39.
Fire Prevention Bureau — See Ch. 44.
Uniform construction codes — See Ch. 259.
Property maintenance — See Ch. 419.
[1]
Editor's Note: This local law also provided for the repeal of former Ch. 48, Fire Prevention, adopted as follows: Art. I, 7-25-1932 by Ord. No. 48; Art. II, 7-25-1932 by Ord. No. 15, Art. III, 7-25-1932 by Ord. No. 14: Art. IV, 7-25-1932 by Ord. No. 7, as amended.
Except for the open burning described in § 250-2, no person shall set fire to or burn, or cause to be set fire to or burned, wastepaper, rubbish, leaves or any residual material, nor shall any person or persons kindle, maintain, authorize or permit any bonfires or other open fire on any street, alley, road, land or public grounds or upon any private lot, where such fire may endanger other property.
An outdoor fireplace or fire pit shall be permitted but only in accordance with the requirements of this section.
A. 
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
FIXED FIRE PIT/FIREPLACE
A permanent structure constructed of fireproof masonry or other fireproof materials.
PORTABLE FIRE PIT/FIREPLACE
A purchased structure specifically designed for outdoor burning of wood or other materials that has manufacturer specifications for its use and is not fixed or permanent.
B. 
Requirements.
(1) 
Fixed fire pit/fireplace.
(a) 
No fixed fire pit or fireplace shall be permitted unless a permit has been issued for such structure. An application on a form approved by the Superintendent of Buildings for the Incorporated Village of Farmingdale, shall be submitted along with:
[1] 
A nonrefundable permit fee, the amount of which shall be set by the Board of Trustees from time to time; and
[2] 
A sketch of the structure's location on survey.
(b) 
The structure shall be no less than 25 feet from the rear dwelling.
(c) 
The structure shall be no less than 10 feet from the side yard and rear yard property line.
(2) 
Portable fire pit/fireplace.
(a) 
No permit shall be required for a portable fire pit/fireplace.
(b) 
The structure shall be no less than 15 feet from the rear dwelling, unless manufacturer specifications require a greater setback.
(c) 
The structure shall be no less than 10 feet from the side yard and rear yard property line.
(3) 
General requirements.
(a) 
Fire pits/fireplaces shall be permitted only in the rear yard. On corner lots the rear yard will be the yard opposite the front entry door.
(4) 
Open burning shall not include the use of, or the type of burning employed or associated with, an outdoor oven, grill, or smoker each of which shall be exempt from this chapter.