[[1]HISTORY: Adopted by the Orangetown Town Board as indicated
in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction and fire prevention — See Ch. 5.
Fire Prevention Bureau — See Ch. 14A.
[1]
Editor's Note: Former Ch. 15, Fire Prevention, Arts. I through
XXXIII, adopted 3-28-1966 by L.L. No. 5, 1966 and readopted 8-24-1966
by L.L. No. 8, 1966, was repealed 3-28-1994 by L.L. No. 2, 1994.
[Adopted 10-27-1997 by L.L. No. 15-1997[1]]
The title of this Code shall be the "Uniform Fire Prevention
Code of the Town of Orangetown."
A.
The intent of this Code is to prescribe minimum requirements necessary
to establish a reasonable level of safety and property protection
from the hazards created by fire and explosion.
B.
This Code is designed to supplement and expand upon the requirements
of the New York State Uniform Fire Prevention and Building Code.[1] Should there be any discrepancy between this Code and
the New York State Uniform Code, the more restrictive provision shall
apply.
[1]
Editor's Note: See Executive Law § 370 et seq.
The provisions of this Code shall apply equally to new and existing conditions, except for the requirements for sprinkler and fire alarm systems in existing premises. When existing premises are renovated, converted or added to and the cost of such addition, conversion or renovation equals or exceeds 50% of the replacement cost of the premises, such premises shall be brought into full compliance with all provisions of this Code. Existing conditions not in strict compliance with the terms of this Code may be permitted to continue upon the determination of the Board of Appeals, where the exceptions do not constitute a distinct hazard to life or property. The Board of Appeals, as set forth in § 15-4, shall have the authority to grant a waiver for the existing condition upon the written application of the person owning the installation concerned.
The Bureau of Fire Appeals shall function as a Board of Appeals
for all matters covered by this Code. The Bureau of Fire Appeals shall
consist of five members to be appointed by the Town Board of the Town
of Orangetown on an annual basis at the annual reorganization meeting,
with each Fire Department nominating one member. All appeals shall
be made, in writing, to the Bureau of Fire Appeals.
This Code shall be enforced by the Fire Inspector or Assistant
or Deputy Fire Inspectors of the Town of Orangetown.
A.
The following fines and other penalties are hereby imposed, in addition to the punishments imposed by other statute, law or ordinance, on every person violating any of the requirements or other provisions of this Code: a penalty as set forth in Chapter 41A of this Code.
[Amended 11-13-2006 by L.L. No. 18-2006]
B.
[1]The continuation of an offense against the provisions of
this Code shall constitute, for each week the offense is continued,
a separate and distinct offense hereunder.
[1]
Editor's Note: Former Subsection B, regarding fines for corporations,
was repealed 10-3-2017 by L.L. No. 9-2017. This local law also redesignated
former Subsection C as Subsection B.
The Fire Inspector or Assistant of Deputy Fire Inspectors 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 Code, may be deemed necessary.
A.
It shall be the duty of the Fire Inspector or Assistant or Deputy
Fire Inspectors to inspect all buildings and premises except single-family
and two-family dwellings, as often as may be necessary for the purpose
of ascertaining and causing to be corrected any condition liable to
cause a fire, contribute to the spread of a fire, interfere with fire-fighting
operations or endanger life or any violation of the provisions or
intent of this chapter or any other ordinance or law affecting fire
safety.
B.
The Fire Inspector or Assistant or Deputy Fire Inspectors shall investigate
the cause, origin and circumstances of every fire occurring in the
Town of Orangetown which is of an unknown cause or of a suspicious
nature or involves the loss of life or injury to persons or has caused
substantial property damage. Such investigation shall be made as soon
as possible upon the occurrence of any such fire and, if it appears
that the fire is the result of arson, the Fire Inspector shall immediately
notify the proper authorities designated by law to investigate such
matters.
C.
When required and permitted.
[Added 4-23-2007 by L.L. No. 3-2007]
(1)
Inspections required.
(2)
Inspections permitted. In addition to the inspections required by Subsection C(1)(a) of this section, a fire safety inspection of any building, structure, use, or occupancy, or of any dwelling unit, may also be performed by the Fire Inspector or an inspector designated by the Fire Inspector at any time upon:
(a)
The request of the owner of the property to be inspected or
an authorized agent of such owner;
(b)
Receipt by the Fire Inspector of a written statement alleging
that conditions or activities failing to comply with the Uniform Code
or Energy Code exist; or
(c)
Receipt by the Fire Inspector of any other information, reasonably
believed by the Building Inspector to be reliable, giving rise to
reasonable cause to believe that conditions or activities failing
to comply with the Uniform Code or Energy Code exist; provided, however,
that nothing in this subsection shall be construed as permitting an
inspection under any circumstances under which a court order or warrant
permitting such inspection is required, unless such court order or
warrant shall have been obtained.
A.
The Fire Inspector, Deputy or Assistant Fire Inspectors charged with
the enforcement of this Code, while acting for the Town of Orangetown,
shall not thereby be rendered liable personally and are hereby relieved
from all personal liability for any damage that may accrue to persons
or property as a result of any act required or permitted in the discharge
of official duties. Any suit instituted against any officer or employee
because of an act performed in the lawful discharge of duties and
under the provisions of this Code shall be defended by the legal representative
of the Town of Orangetown until the final termination of the proceedings.
The Fire Inspector or any subordinates of the Fire Inspector shall
not be liable for costs in any action, suit or proceeding that may
be instituted in pursuance of the provisions of this Code, and any
official, officer or employee, acting in good faith and without malice,
shall be free from any liability for acts performed under any of its
provisions or by reason of any act or omission in the performance
of the official duties in connection herewith.
B.
The Town of Orangetown shall not be liable under this Code for any
damage to persons or property by reason of the inspection or reinspection
of buildings, structures or equipment authorized herein or the failure
to inspect or reinspect such buildings, structures or equipment or
by reason of the approval or disapproval of any building, structure
or equipment authorized herein.
A.
Exit requirements.
(1)
Adequate exits shall be provided in all buildings, structures and
premises within the Town of Orangetown to ensure safe egress in case
of fire or other emergency. The location, number, type and other considerations
of exits shall be provided in accordance with requirements of the
New York State Uniform Fire Prevention and Building Code and the most
current edition of the National Fire Protection Association Life Safety
Code (NFPA 101).
(2)
No furnishings, decorations or other objects shall be so placed as
to obstruct exits, access thereto, egress therefrom or visibility
thereof.
(3)
Exit lights, emergency lighting and panic hardware shall be provided
in accordance with the requirements listed in Table 1.[1]
[1]
Editor's Note: Table I is included as an attachment to this chapter.
B.
Electrical fire safety. All electrical appliances, fixtures and wiring
shall be installed in accordance with the current edition of the National
Electrical Code (NFPA 70). All electrical appliances, fixtures and
wiring shall be maintained so as not to be a fire hazard nor a source
of ignition for combustible or hazardous substances, materials or
devices.
C.
Smoking. Where smoking is considered a fire hazard, the Fire Inspector
or Assistant or Deputy Fire Inspectors shall be authorized to order
the owner, in writing, to post "No smoking" signs in conspicuous designated
locations where smoking is prohibited. In areas where smoking is permitted,
noncombustible ash trays shall be provided.
D.
Outdoor burning, open burning and burning of refuse.
[Amended 8-22-2023 by L.L. No. 10-2023]
(1)
BONFIRE
BUILDING INSPECTOR
BURNING
CLEAN WOOD
CODE ENFORCEMENT OFFICER
FIRE CHIEF
FIRE INSPECTOR
GARBAGE
OPEN BURNING
OPEN FIRE
OUTDOOR BURNING
OUTDOOR FIREPLACE or FIREPIT
POLICE
RECREATIONAL OUTDOOR FIRE
REFUSE
RUBBISH
SPECIAL EVENT FIRE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
An outdoor fire utilized for ceremonial purposes.
The Building Inspector of the Town of Orangetown and/or his/her
designee.
Open burning, outdoor burning, fire(s), recreational fire(s),
and special event fire(s).
Natural, seasoned and/or dry firewood which has not been
painted, varnished or coated with a similar material, has not been
pressure treated with preservatives and does not contain resins or
glues as in plywood or other composite wood products.
The Code Enforcement Officer(s) of the Town of Orangetown.
The Chief of the local Fire Department or other person authorized
by the Fire Chief.
The Chief of the Bureau of Fire Prevention or any Fire Inspector
of the Town of Orangetown.
The animal and vegetable wastes resulting from the handling,
preparation, cooking, and serving of food.
The burning of materials wherein the products of combustion
are emitted directly into the ambient air without passing through
a stack or a chimney from an enclosed chamber. Open burning does not
include road flares, smudge pots and similar devices associated with
safety or occupational uses.
Any open fire or outdoor smoke-producing process from air
contaminants that are emitted directly into the outdoor atmosphere.
Open burning or burning in a manufactured freestanding portable
outdoor fireplace or manufactured firepit.
A portable, outdoor, solid-fuel-burning fireplace that may
be constructed of steel, concrete, clay or other noncombustible material.
A portable outdoor fireplace may be open in design, or may be equipped
with a small hearth opening and a short chimney or chimney opening
in the top.
The Chief of the Town of Orangetown Police Department or
Orangetown Police Officers.
A small outdoor fire, burning materials other than rubbish, where the fuel being burned is not contained in an incinerator, barbeque grill or barbeque pit or portable outdoor fireplace; and is on residential property; and has a total fuel area of three feet or less in diameter and two feet or less in height, for pleasure, religious, ceremonial, cooking, warmth or similar purposes; and in accordance with the requirements of § 15-10D(5) of this section. A permitted built-in fireplace with required OBZPAE approval is a recreational outdoor fire.
All waste material, including, but not limited to: garbage,
rubbish, incinerator residue, street sweepings, dead animals and offal.
Solid or liquid waste materials, including, but not limited
to, rags, furniture, cartons, chemicals, paint, grease, sludges, oils,
any petroleum products other than legitimate home heating and cooking
products, construction materials, including, but not limited to, Sheetrock,
chip board, asphalt or fiberglass shingles, or pressure-treated lumber,
automobile parts, tires, metal goods, including, but not limited to,
refrigerators, stoves and like appliances, diapers, yard grass clippings,
paper and paper products, packaging materials, Styrofoam, mattresses,
cigarette filters, glass, plastic of any kind and furniture.
A bonfire or any other open-air fire kindled to mark a public
event, victory celebration or similar occurrence that does not meet
the criteria of a recreational outdoor fire.
(2)
Prohibited burning. The following fires are prohibited in the Town
of Orangetown:
(a)
The burning of garbage, refuse and rubbish in any manner is
prohibited.
(b)
All open fire burning is prohibited in the Town of Orangetown except as set forth in Subsection D(3) herein.
(c)
Exceptions: Live burn drills conducted by a local Fire Department,
fires for religious purposes or for other purposes specifically approved
by the Town of Orangetown Fire Inspector, and those fires that require
a permit as required from the Fire Inspector.
(3)
Bonfires and special event fires. Bonfires and special event fires
shall be permitted only for a publicly sponsored celebration or event,
an organization-sponsored event, or for a public or private school
sponsored event.
(a)
An operational permit shall be obtained from the Bureau of Fire
Prevention prior to igniting the fire.
(b)
These fires shall be subject to the filing and approval of an
outdoor burning permit application with the Bureau of Fire Prevention
at least 30 days prior to the event.
(c)
Permitted special event fires shall be located not less than
50 feet from any structure.
(d)
Materials used for fuel shall consist of wood only.
(e)
The allowable quantity of wood to be burned shall be determined
by the Chief of the Bureau of Fire Prevention or his/her designee
based upon the fire safety considerations of the situation and the
desired duration of the burn.
(f)
The duration of the bonfire or special event fire shall be approved
and authorized by the Chief of the Bureau of Fire Prevention or his/her
designee.
(g)
A competent adult of at least 18 years of age shall be designated
for the safety of the special event fire area. This person must be
identified as the contact person to meet with the Fire Department
for any issue pertaining to the fire. Unless otherwise authorized
by the Chief of the Bureau of Fire Prevention, the pile size for a
bonfire or special event fire shall be 10 feet or less in diameter
and six feet or less in height.
(h)
The base of the fire shall not be larger than 10 feet in diameter.
The fire must be enclosed by a barrier set at a distance sufficient
enough to provide maximum safety and be constantly monitored by a
person responsible for scene security.
(i)
An adequate fire suppression source must be immediately available
sufficient to extinguish the fire it is threatens the safety of the
event.
(j)
After completion of the event and/or celebration, the fire must
be completely extinguished and a fire watch must be provided for a
sufficient amount of time to ensure that the fire does not rekindle.
(k)
Code Enforcement officials and Orangetown Police are authorized in his/her discretion to order that a bonfire or special event fire be immediately extinguished in accordance with § 15-10D(4) of this chapter.
(l)
A bonfire or special event fire that is hazardous, offensive,
objectionable, or unreasonably interferes with the comfortable enjoyment
of life or property, due to smoke or odor emissions, shall be prohibited.
(m)
No fire shall be ignited prior to an on-site inspection of the
location where the fire is to take place and shall be subject to any
and all conditions or restrictions the Bureau of Fire Prevention's
Office may impose for the safety of life and property; and the local
Fire Department shall be notified 48 hours prior to igniting any bonfire
permitted by the Bureau of Fire Prevention.
(n)
The Chief of the Bureau of Fire Prevention and/or his/her designee
has the authority to impose such other restriction and/or safety precaution
pertaining to the bonfire or special event fire and shall be complied
with at all times.
(4)
Noncommercial outdoor cooking. Open burning will be permitted for
outdoor cooking when the fire is limited to the minimal size necessary
and contained in a device or cooking utensil commonly referred to
as a grill, hibachi or smoker designated for outdoor cooking purposes.
Fuels for outdoor cooking will be limited to charcoal or charcoal
briquettes, natural gas, LP gas or wooden chips. All applicable and/or
reasonable safety precautions shall be taken when using said devices
or utensils. Outdoor cooking shall not be permitted on balconies,
covered porches or covered patios.
(5)
Recreational fires. One small recreational fire shall be permitted
at the premises of a single or two-family detached dwelling only.
Natural gas or LP gas outdoor fireplaces or firepits with ceramic
logs, untreated wood and unpainted wood shall be permitted, provided
that such appliance conforms to all other Town codes, and when used
in accordance with the manufacturer's directions. All other forms
of recreational fires are prohibited.
(a)
A recreational fire shall not be greater than two feet in height
and three feet in length in width and diameter, and shall be contained
in an approved device.
(b)
A recreational fire shall be a minimum of 25 feet away from
a structure (including, but not limited to, for example, houses, garages,
wooden, plastic and/or vinyl fences, decks, and sheds) and shall not
be left unattended until fully extinguished.
(c)
Conditions which could cause a fire to spread within 25 feet
of a structure shall be eliminated prior to ignition.
(d)
Competent adult supervision must be at the site while the fire
is burning. Competent adult supervision is a person over 18 years
of age.
(e)
Appropriate fire-extinguishing equipment, sufficient to extinguish
the fire, shall be present at all times and readily available.
(f)
Notwithstanding the foregoing, in the event that an otherwise
permitted recreational fire shall cause a nuisance or harm to a neighboring
residence or occupants of that residence due to specific health issues
related to that home or occupants, then the individuals charged with
enforcing the provisions of this section shall retain the right in
their discretion to limit or prohibit said fire.
(6)
Portable outdoor fires. Portable outdoor fireplaces shall be permitted
at single- or two-family detached dwellings only and used in accordance
with the manufacturer's instructions.
(7)
Enforcement and control. The Chief of the Bureau of Fire Prevention,
the Fire Inspectors, Building Inspectors, Code Enforcement Officers
and the officers of the Orangetown Police Department, are hereby vested
with authority to enforce the provisions of this section. He/she/they
may suspend the operation of open burning, recreational fires or portable
outdoor fireplaces, and shall have the right to declare that any and
all burning shall cease immediately until further notice:
(a)
If weather conditions are such that starting or the continuation
of burning is a risk to life, health, safety or property within the
Town; or
(b)
If smoke, ash, or smell emitting from open burning or an outdoor
fireplace becomes objectionable or offensive to neighboring properties;
or
(c)
If the Official determines the open burning or recreational
fire constitutes a hazardous condition.
(9)
Severability. If any section or specific part or provision or standard
of this section or the application thereof to any person or circumstance
be adjudged invalid by any court of competent jurisdiction, such judgment
shall be confined in its operation to the part, provision or application
directly involved in the controversy in which such judgment shall
have been rendered and shall not affect or impair the validity of
the remainder of this section or the application thereof to other
person or circumstances.
E.
Fire lanes and fire zones.
(1)
The Fire Inspector or Assistant Fire Inspector or Deputy Fire Inspector,
in cooperation with the Chief of Police and the Fire Chief, is authorized,
pursuant to the authority granted under § 1660-a of the
Vehicle and Traffic Law of the State of New York and § 130,
Subdivision 5, of the Town Law of the State of New York, to determine
and establish appropriate fire lanes and fire zones at parking areas,
driveways, private streets and roadways of all premises except one-
and two-family dwellings.
(2)
Fire lanes shall be provided for all buildings that are set back
more than 100 feet from a public road or exceed 30 feet in height
and are set back over 50 feet from a public road. Where buildings
are protected throughout with an approved automatic sprinkler system,
the provisions of this section may be modified by the Fire Inspector.
(3)
Fire lanes shall not be less than 20 feet of unobstructed width,
able to withstand live loads of fire apparatus and have a minimum
of 13 feet six inches of vertical clearance.
(4)
Fire zone and fire lanes shall be marked with freestanding signs
that have the words NO STANDING - NO PARKING - FIRE LANE (or ZONE)
and appropriate yellow pavement markings installed in conformance
with the New York State Uniform Traffic Code requirements.
(5)
No motor vehicle shall park, stand or otherwise be allowed to remain
in an established fire zone or fire lane. Fire zones and lanes shall
be maintained free of all obstructions at all times.
(6)
More restrictive provisions for fire lanes may be proposed by the
Fire Inspector.
F.
Key boxes.
(1)
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 Fire Inspector
may require a key box to be installed in an approved location.
(2)
The key box shall be of the type approved by the Fire Inspector and,
in order to maintain uniformity throughout Rockland County, order
forms for said key box must be obtained from the Fire Inspector.
(3)
The key box shall contain:
(a)
Keys to locked points of ingress, whether on the interior or
exterior of such structures.
(b)
Keys to locked mechanical rooms.
(c)
Keys to locked electrical rooms.
(d)
Keys to elevator controls.
(e)
Keys to other areas as directed by the Fire Inspector or Fire
Chief.
(f)
The layout of the building showing the locations of the above.
(g)
Other information as requested by the Fire Inspector or Fire
Chief.
G.
Fire protection markings.
(1)
Premises identification. 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
night time visibility.
(2)
Shaftways to be marked. 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.
(3)
Stairway marking. Stairways serving four or more stories shall be
provided with signs indicating floor level, roof access or no roof
access and reentry locations in accordance with the National Fire
Protection Association Life Safety Code (NFPA 101).
(4)
Identification of lightweight construction.
(a)
Upon inspection and identification of a building, other than
a one- or a two-family dwelling, of truss, wood I-beam or other lightweight-type
construction, the owner/occupant shall be notified by the Fire Inspector
of the requirements of this Code.
(b)
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 Fire Inspector. The identification logos shall be property
installed within 10 days of receipt of written notice.
(c)
The Fire Inspector should notify the local Fire Chief of any
building with lightweight construction. This information should be
provided to the Rockland County Fire Control Center to be included
in the Rockland County computer dispatch system database.
H.
Vacant buildings.
(1)
Every person owning or having control of any vacant building shall
remove all combustible waste and refuse therefrom and lock, barricade
or otherwise secure all windows, doors and other openings in the building
to prohibit entry by unauthorized persons.
(2)
Buildings that are vacant shall maintain all required fire detection
and suppression systems in service.
I.
Open-flame cooking outside multiple residences. 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.
J.
Security gates. Where the use of security gates is permitted, such
gates shall provide unobstructed view of at least 50% of the door(s),
window(s) or other building openings which are protected by the security
gate when the security gate is in place.
A.
Sprinklers.
(1)
In accordance with Table I,[1] all buildings and structures occupied for purposes other
than residential buildings with less than six units that exceed 5,000
square feet of total floor area or a place of assembly with an occupant
load of more than 100 persons, except assembly spaces used expressly
for religious purposes, shall be fully protected by an automatic sprinkler
system.
[1]
Editor's Note: Table I is included as an attachment to this chapter.
(2)
All sprinkler systems shall be installed and maintained in accordance
with the most current edition of the National Fire Protection Association
Standard for Sprinkler Systems (NFPA 13) or the appropriate NFPA standard
for special occupancies.
(3)
All sprinkler system components shall be tested and inspected in
accordance with National Fire Protection Association Standard for
the Inspection, Testing and Maintenance of Water-Based Fire Protection
Systems (NFPA 25). 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.
B.
Color coding of siamese connections. In order to ensure that firefighters
utilize the proper siamese connection, all siamese connections and/or
the protective covers installed on the siamese connection shall be
color coded as follows:
C.
Fire detection systems.
(1)
All buildings and structures other than one-family and two-family
residences shall be equipped with fire detection and alarm systems
as described in Table I.[2] 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.
[2]
Editor's Note: Table I is included as an attachment to this chapter.
(2)
Where a one-hundred-ten-volt (hard-wired) smoke detector is required
to be installed in any building (including a one- or two-family dwelling)
by the New York State Uniform Fire Prevention and Building Code or
any other applicable regulation, such smoke detector shall be equipped
with a battery backup to ensure operation of the smoke detector in
the event of a power interruption. In new construction, where more
than one smoke detector is required, they shall be so arranged that
operation of any smoke detector shall cause the alarm to all smoke
detectors within the dwelling unit to sound.
(3)
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). Heat, smoke, flame detectors,
water flow devices and similar devices shall be maintained in a proper
operating condition at all times. Such systems shall be inspected
for proper operation at least quarterly. Such inspections shall include
all items as specified by the Fire Inspector. Copies of all service,
repair, inspection and testing reports shall be forwarded to the Fire
Inspector by the person, firm or corporation providing service, repair,
inspection or testing within 10 days of such service, repair, inspection
or testing.
[Amended 12-16-2002 by L.L. No. 8-2002]
(4)
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 the fire
code.
(5)
Fire alarm or fire detection systems shall have an annunciation or
remote located at or near the main entrance of the building. Such
annunciation 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.
(6)
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 Fire Department is in place.
In such a case, the provisions of the plan shall be followed.
(7)
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.
(8)
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.
(9)
If the fire alarm system signal transmission to the alarm receiving
station is not tested on a daily basis, all dedicated phone lines
used for the purpose of transmitting fire alarm signals 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.
D.
Portable fire extinguishers. Portable fire extinguishers, installed
and maintained in accordance with National Fire Protection Association
Standard No. 10, the Standard for Portable Fire Extinguishers, shall
be provided in all occupancies as required by Table I.[3]
[3]
Editor's Note: Table I is included as an attachment to this chapter.
E.
Extinguishing systems.
(1)
Protection of cooking equipment and ductwork.
(a)
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 National Fire Protection Association standards.
(b)
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.
(2)
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.
F.
Access to fire protection equipment.
G.
Strobe lights.
(1)
In order to notify responding firefighters of conditions within a
building or structure equipped with sprinkler systems, fire alarm
systems or containing hazardous materials or other hazards to firefighters,
identification strobe lights shall be installed on the exterior of
the building as follows:
(a)
Red strobe light: located above the Fire Department siamese
connection of a sprinklered building to indicate activation of the
water flow alarm.
(b)
Yellow strobe light: installed to indicate activation of a pull
station, smoke detector, heat detector or other alarm device.
(c)
Blue strobe light: installed to indicate the presence of hazardous
materials, conditions or other danger to firefighters.
(2)
The exact location of these lights shall be determined by the Fire
Inspector.
H.
Privately owned fire hydrants.
[Added 4-28-2008 by L.L. No. 2-2008]
(1)
PRIVATELY OWNED FIRE HYDRANTS
SNOW MARKER
The following definitions shall apply to § 15-11H of this Code:
Fire hydrants located within the Town that are owned by any
person, partnership, corporation, or entity other than a federal,
state, county or local municipal corporation or government, or United
Water or any of its successors or assigns.
An approximate four-foot-tall pole, stick, or marker that
is affixed at or near the top of a fire hydrant in order for the fire
hydrant to be seen and located by emergency responders whenever the
fire hydrant may be covered by snow or ice.
(2)
All privately owned fire hydrants shall be painted a bright yellow
color, except for the top of said hydrants, which shall be painted
a silver color.
(3)
During the period beginning November 15 and ending on April 15 of
each and every year, all owners, occupants and tenants of property
upon which one or more privately owned fire hydrants lie shall cause
to be installed and maintained on each and every such hydrant a snow
marker.
(4)
Annual inspections, maintenance and testing.
(a)
All owners, occupants and tenants of property upon which one
or more privately owned fire hydrants lie shall cause all of the following
to occur on an annual basis with regard to each and every such hydrant:
(b)
The form referenced in Subsection H(4)(a)[1] above shall be completed and delivered to the Bureau of Fire Prevention within 10 days of the completion of the required annual inspection, maintenance and flow testing.
(5)
Provisions of the Fire Code of New York State, as well as any county,
state, and federal laws or regulations, relating to privately owned
fire hydrants shall remain in full force and effect within the Town,
and shall be in addition to the above. To the extent that there is
any conflict between this Code and that contained within the Fire
Code of New York State or any county, state, or federal law or regulation,
the more restrictive provision shall apply.
A.
Where identification of buildings and structures containing hazardous
materials is required in accordance with the New York State Uniform
Fire Prevention and Building Code,[1] the National Fire Protection Association Hazardous Materials
Identification System (NFPA 704) shall be utilized.
[1]
Editor's Note: See Executive Law § 370 et seq.
B.
Operating permits.
[Added 4-23-2007 by L.L. No. 3-2007]
(1)
Operating permits shall be required for conducting the activities
or using the categories of buildings listed below:
(a)
Manufacturing, storing or handling hazardous materials in quantities
exceeding those listed in Table 2703.1.1(1), 2703.1.1(2), 2703.1.1(3)
or 2703.1.1(4), of the Fire Code of New York State (see 19 NYCRR Part
1225);
(b)
Hazardous processes and activities, including but not limited
to commercial and industrial operations which produce combustible
dust as a byproduct, fruit and crop ripening, and waste handling;
(c)
Use of pyrotechnic devices in assembly occupancies;
(d)
Buildings containing one or more areas of public assembly with
an occupant load of 100 persons or more; and
(e)
Buildings whose use or occupancy classification may pose a substantial
potential hazard to public safety, as determined by the government
or agency charged with or accountable for administration and enforcement
of the Uniform Code.
(2)
Parties who propose to undertake the types of activities or operate the types of buildings listed in Subsection B(1) shall be required to obtain an operating permit prior to commencing such operation. An application for an operating permit shall contain sufficient information to permit a determination that quantities, materials, and activities conform to the requirements of the Uniform Code. Tests or reports necessary to verify conformance shall be required.
(3)
An inspection of the premises shall be conducted prior to the issuance
of an operating permit.
(4)
A single operating permit may apply to more than one hazardous activity.
(5)
Operating permits may remain in effect until reissued, renewed or
revoked or may be issued for a specified period of time consistent
with local conditions.
(6)
Where activities do not comply with applicable provisions of the
Uniform Code, an operating permit shall be revoked or suspended.
[Adopted 7-15-1991 by L.L. No. 11, 1991]
[Amended 2-28-1994 by L.L. No. 2-1994; 12-15-2020 by L.L. No. 6-2020]
A certificate of compliance to ensure compliance with all the
requirements of this Code and the New York State Uniform Fire Prevention
and Building Code shall be required for all uses and occupancies of
property other than one- and two-family dwellings. Such certificate
shall not take the place of any other permit or certificate required
by law. Said certificate shall not be transferable, and any change
in use or occupancy of the subject premises shall require a new certificate.
Before a certificate of compliance may be issued, the Chief
of the Bureau of Fire Prevention and/or an Assistant Fire Inspector
shall make such inspections or tests as are necessary to assure that
the provisions of this Code and the New York State Uniform Fire Prevention
and Building Code are being complied with.
Any certificate of compliance required under the provisions
of this article shall be issued by the Chief of the Fire Prevention
Bureau and/or Assistant Fire Inspector, and such certificate shall
be posted or displayed in a conspicuous place on the premises.
Applicants may be required by the Town Board to submit written
applications under affidavit supplying such information as the Town
Board, upon recommendation of the Chief of the Fire Prevention Bureau,
may require.
A.
Fees for certificates of compliance for new or changed uses and inspection
fees payable for the various specific uses subject to inspection by
the Chief of the Fire Prevention Bureau and/or Assistant Fire Inspector
shall be payable as set forth by the Town Board Resolution.
[Amended 3-28-1994 by L.L. No. 2, 1994; 10-16-1995 by L.L. No.
20, 1995]
B.
Burning permits shall be $100.
[Amended 10-16-1995 by L.L. No. 20, 1995]
C.
Blasting permits shall be $200.
[Amended 10-16-1995 by L.L. No. 20, 1995]
D.
Permits for hazardous material storage in excess of the amounts shown
below per category shall be $200 per building or structure.
[Amended 10-16-1995 by L.L. No. 20, 1995]
|
Warning Sign Requirements
| |
|---|---|
|
Materials
|
Requirements
|
|
Explosives and blasting agents
|
Any amount
|
|
Poison gas
|
Any amount
|
|
Poison and irritant
|
Any amount
|
|
Flammable liquid
|
Over 5 gallons inside a building and over 10 gallons outside
a building
|
|
Flammable solid
|
Any amount
|
|
Flammable gas
|
Over 2,000 cubic feet at normal temperature
|
|
Nonflammable gas
|
Over 6,000 cubic feet at normal temperature
|
|
Oxidizer
|
Over 50 pounds
|
|
Organic peroxide
|
Over 10 pounds
|
|
Combustible liquid
|
Over 25 gallons inside a building and over 60 gallons outside
a building
|
|
Radioactive material
|
Any amount
|
|
Corrosive material
|
Over 55 gallons
|
|
Dangerous-when-wet-material
|
Any amount
|
|
Etiologic material
|
Any amount
|
E.
Upon application, inspections may be conducted outside of the normal
working hours, 8:00 a.m. to 4:00 p.m., Monday through Friday, except
holidays, and in the sole discretion of the Town and subject to the
availability of personnel, said inspection shall be made outside of
normal working hours for an additional fee of $300 for the first three
hours or part thereof and $300 for each additional three hours or
part thereof.
[Added 10-16-1995 by L.L. No. 20-1995; amended 6-26-2012 by L.L. No.
3-2012]
