It is the intent of this chapter to prescribe
regulations consistent with nationally recognized good practice for
the safeguarding to a reasonable degree of life and property from
the hazards of fire and explosion arising from the storage, handling
and use of hazardous substances, materials and devices, and from conditions
hazardous to life or property in the use or occupancy of buildings
or premises.
A.Â
The provisions of this chapter shall apply equally
to new and existing conditions, except that existing conditions not
in strict compliance with the terms of this chapter shall be permitted
to continue where the exceptions do not constitute a distinct hazard
to life or property in the opinion of the Fire Marshal.
[Amended 12-21-1995 by L.L. No. 7-1995]
B.Â
Nothing contained in this chapter shall be construed
as applying to the transportation of any article or thing shipped
under the jurisdiction of and in compliance with the regulations prescribed
by the Interstate Commerce Commission, nor as applying to the military
forces of the United States.
C.Â
Whenever a provision of this chapter imposes or prescribes
any greater requirement or higher standard on premises, buildings
or structures or on the use thereof than is imposed or prescribed
by any other law, ordinance, rule or regulation, the provision of
this chapter shall govern.
Unless otherwise expressly stated, the following
terms shall, for the purpose of this chapter, have the meanings indicated
in this section:
Accepted by the Fire Marshal as a result of his investigation
and experience or by reason of test, listing or approval by Underwriters'
Laboratories, Incorporated, by the National Bureau of Standards, the
American Gas Association Laboratories or other nationally recognized
testing agencies.
[Amended 12-21-1995 by L.L. No. 7-1995]
The occupancy or use of a building or structure or any portion
thereof by a gathering of persons for civic, political, travel, religious,
social or recreational purposes.
A system which automatically detects a fire condition and
actuates a fire alarm signal.
The respective Boards of Fire Commissioners of the Centereach
Fire Department and the Ronkonkoma Fire Department, both of which
Departments are partially located within and service the Incorporated
Village of Lake Grove.
The occupancy or use of a building or structure or any portion
thereof for the transaction of business or the rendering or receiving
of professional services.[1]
The occupancy or use of a building or structure or any portion
thereof by persons assembled for the purpose of learning or receiving
educational instruction.
The Fire Marshal of the Village of Lake Grove.
[Added 12-21-1995 by L.L. No. 7-1995]
The time in hours or parts thereof that a material, construction
or assembly will withstand fire exposure, as determined in a fire
test made in conformity with generally accepted standards or as determined
by extension or interpretation of information derived therefrom.
The occupancy or use of a building or structure or any portion
thereof that involves highly combustible, highly flammable or explosive
material or which has inherent characteristics that constitute a special
fire hazard.
Any container approved by the Interstate Commerce Commission
for shipping any liquid, gaseous or solid material of a flammable,
toxic or other hazardous nature.
The occupancy or use of a building or structure or any portion
thereof for assembling, fabricating, finishing, manufacturing, packaging
or processing operations, except when classed as a high-hazard occupancy.
The occupancy or use of a building or structure or any portion
thereof for the displaying, selling or buying of goods, wares or merchandise,
except when classed as a high-hazard occupancy.
Includes his duly authorized agent or attorney, a mortgagee
or vendee in possession, assignee of rents, purchaser, devisee, fiduciary
and any other person having a vested or contingent interest in the
property in question.
The occupancy or use of a building or structure or any portion
thereof by persons for whom sleeping accommodations are provided as
a family unit doing its own cooking.
The occupancy or use of a building or structure or any portion
thereof for the storage of goods, wares, merchandise, raw materials,
agricultural or manufactured products, including parking garages and
the sheltering of livestock and other animals except when classed
as a high-hazard occupancy.
The Village Board of the Village of Lake Grove, consisting
of the Mayor and the four elected Trustees.
[1]
Editor's Note: The former definition of "Chief
Fire Inspector" was superseded 12-21-1995 by L.L. No. 7-1995. See
now the definition of "Fire Marshal."
[Added 12-21-1995 by L.L. No. 7-1995]
A Division of Fire Prevention is hereby established
which shall be operated under the supervision of the Fire Marshal.
The head of the Division shall be known as the "Fire Marshal." The
Fire Marshal shall devote his full time to the duties of the Division
of Fire Prevention. There shall be appointed as many Deputy Fire Marshals
as may be necessary to assist the Fire Marshal in his duties.
[Amended 12-21-1995 by L.L. No. 7-1995]
The Fire Marshal and any Deputy Fire Marshal
of the Division of Fire Prevention may, at all reasonable hours, enter
any public or commercial building or premises for the purpose of making
any inspection or investigation which, under the provisions of this
chapter, he or they deem necessary to be made.
[Added 12-21-1995 by L.L. No. 7-1995]
This chapter adopts the Fire Prevention Code
of the National Fire Protection Association, and all its incorporated
standards and codes, as published in the National Fire Codes of the
National Fire Protection Association currently in effect. The same
are hereby adopted and incorporated as if fully set out at length
herein.
[Added 11-21-1996 by L.L. No. 7-1996]
Whenever a violation of this chapter is discovered,
the Fire Marshal shall, in his discretion, enforce this chapter administratively
by issuing a notice of violation and/or by filing an accusatory instrument
with the Village of Lake Grove Justice Court or any other criminal
court of competent jurisdiction.
A.Â
It shall be the duty of the Fire Marshal to inspect
or cause to be inspected all buildings and premises, except the interiors
of one-family dwellings, as often as may be necessary for the purpose
of ascertaining and causing to be corrected any condition liable to
cause fire or endanger life from fire, or any violations of the provisions
or intent of this chapter and of any other ordinance affecting the
fire hazard.
[Amended 12-21-1995 by L.L. No. 7-1995]
B.Â
The Fire Marshal shall cooperate with the Board of
Fire Commissioners and other officers in making inspections within
a fire district and inspect any buildings and premises within a fire
district or protected area at the request of the Board of Fire Commissioners
or of the Chief of the Fire Department which protects the area in
which the buildings or premises are situated.
[Amended 12-21-1995 by L.L. No. 7-1995]
C.Â
Nothing contained in this chapter shall be construed
as in any way limiting or restricting the power of any Board of Fire
Commissioners or of any fire district officer to make inspections
or investigations pursuant to law.
[Amended 12-21-1995 by L.L. No. 7-1995]
It shall be the duty of the Fire Marshal to
inspect or cause to be inspected all exterior areas adjacent to or
adjoining any structure or building, except one-family dwellings,
for the purpose of designating said areas or portions thereof as fire
zones. Any areas so designated shall be plainly defined and marked
as such.
[Amended 12-21-1995 by L.L. No. 7-1995]
Whenever the Fire Marshal shall find in any
building or upon any premises dangerous or hazardous conditions or
materials as follows, he shall order such dangerous conditions or
materials to be removed or remedied in such manner as may be specified
by the Fire Marshal:
A.Â
Dangerous or unlawful amounts of combustible or explosive
or otherwise hazardous materials.
B.Â
Hazardous conditions arising from defective or improperly
installed equipment for handling or using combustible or explosive
or otherwise hazardous materials.
C.Â
Dangerous accumulations of rubbish, wastepaper, boxes,
shavings or other highly flammable materials, or waste material in
air-conditioning or ventilating systems or of grease in kitchen or
other exhaust ducts.
D.Â
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.
E.Â
Any building or other structure which, for want of
repairs, lack of adequate 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.
A.Â
The service of orders for the correction of violations of § 89-10 herein or any other provisions of this chapter shall be made upon the owner, occupant or other person responsible for the conditions, either by delivering a copy of same to such person or by delivering the same to and leaving it with any person in charge of the premises, or in case no such person is found upon the premises, by affixing a copy thereof in a conspicuous place on said premises. Whenever it may be necessary to serve such an order by affixing a copy thereof in a conspicuous place upon said premises, another copy thereof shall be mailed by certified mail, with return receipt requested within 24 hours of posting, to the person to whom it is directed at his last known address or place of residence.
B.Â
If buildings or other premises are owned by one person
and occupied by another under a lease or otherwise, the orders issued
in connection with the enforcing of this chapter shall apply to the
occupant thereof, except where the rules or orders require the making
of additions to or change in the premises themselves, such as would
immediately become real estate and be the property of the owner of
the premises; in such cases the rules or orders shall affect the owner
and not the occupant unless it is otherwise agreed between the owner
and the occupant.
The Village Board shall cause an investigation
to be made as to the cause, origin and circumstances of every fire
occurring in the village which is of suspicious nature or which involves
loss of life.
[Amended 12-21-1995 by L.L. No. 7-1995; 8-19-2010 by L.L. No. 4-2010]
No building or structure, except one-family dwellings, shall be erected or altered until a permit has been applied for, and the plans have been approved in writing by the Fire Marshal. Such written approval shall not be given where said construction or alteration would be in violation of any of the provisions of this chapter. Building permit fees shall be as per § 65-6 and Fire Marshal plan review fees shall be as per the fee schedule of the Village of Lake Grove.
[Added 12-21-1995 by L.L. No. 7-1995]
A.Â
All persons, corporations or other entities owning
businesses in the Village of Lake Grove and their landlords shall
file a certificate of registration with the Fire Marshal in accordance
with regulations as he shall prescribe.
B.Â
A new certificate of registration shall be filed with
the Fire Marshal whenever any of the following situations occur:
(1)Â
There is a change in the ownership of the business
being conducted.
(2)Â
There is manufactured, maintained, handled or kept
chemicals, explosives, flammable liquids, gases or other hazardous
materials which were not included in any previously issued certificate
of registration.
(3)Â
There is an alteration in the type of business or
the activities for which a certificate of registration had been previously
issued.
[Added 2-15-1996 by L.L. No. 2-1996]
A.Â
No registration certificate shall be issued until
the fee prescribed in this section shall have been paid. No amendment
to a certificate of registration shall be permitted, and any such
certificate shall expire one year from date of issuance or upon date
of a new certificate that has indicated compliance with all applicable
laws. The minimum fee shall be as set forth in the fee schedule of
the Village of Lake Grove.[1]
[Added 8-19-2010 by L.L. No. 4-2010]
Permits may be suspended or revoked by the Village or the Fire
Marshal when it is determined by the Board of Trustees or the Fire
Marshal 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, upon the Board of Trustees or the Fire Marshal giving
written notice to the permit holder of the violation or misrepresentation,
specifying the violation or misrepresentation and, if the violation
is curable and does not pose an immediate threat to life and safety,
providing a reasonable time for compliance with the violation.
