Village of Lake Grove, NY
Suffolk County
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Table of Contents
Table of Contents
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. 
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. 
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. 
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:
APPROVED
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]
ASSEMBLY OCCUPANCY
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.
AUTOMATIC FIRE ALARM SYSTEM
A system which automatically detects a fire condition and actuates a fire alarm signal.
BOARD OF FIRE COMMISSIONERS
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.
BUSINESS OCCUPANCY
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]
EDUCATIONAL OCCUPANCY
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.
FIRE MARSHAL
The Fire Marshal of the Village of Lake Grove.
[Added 12-21-1995 by L.L. No. 7-1995]
FIRE-RESISTANCE RATING
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.
HIGH-HAZARD OCCUPANCY
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.
I.C.C. CONTAINER
Any container approved by the Interstate Commerce Commission for shipping any liquid, gaseous or solid material of a flammable, toxic or other hazardous nature.
INDUSTRIAL OCCUPANCY
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.
MERCANTILE 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.
OWNER
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.
RESIDENTIAL OCCUPANCY
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.
STORAGE OCCUPANCY
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.
VILLAGE BOARD
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. 
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. 
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. 
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. 
Dangerous or unlawful amounts of combustible or explosive or otherwise hazardous materials.
B. 
Hazardous conditions arising from defective or improperly installed equipment for handling or using combustible or explosive or otherwise hazardous materials.
C. 
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. 
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. 
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. 
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. 
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. 
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. 
A new certificate of registration shall be filed with the Fire Marshal whenever any of the following situations occur:
(1) 
There is a change in the ownership of the business being conducted.
(2) 
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) 
There is an alteration in the type of business or the activities for which a certificate of registration had been previously issued.
C. 
In the event of any of the situations mentioned in Subsection B of this section, it shall be the obligation of the owners of such businesses and their landlords to file a new certificate of registration.
[Added 2-15-1996 by L.L. No. 2-1996]
A. 
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]
[1]
Editor's Note: The current fee schedule is included in the Appendix as Ch. A180, Fees.
B. 
Fees for places of assembly shall be based on occupancy load as per § 57-7 of this Code.
C. 
Annual inspections by the Village Fire Marshal shall be included in above-mentioned fees under Subsections A and B of this section.
[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.