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.
This chapter shall be known and may be cited
as the "Fire Prevention Local Law of the Town of Brookhaven."
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 Chief Fire Marshal.
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, unless specifically stated,
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 Chief Fire Marshal as a result of his investigation and experience or by reason of test, listing or approval by Underwriters' Laboratories, Incorporated, the National Bureau of Standards, the American Gas Association Laboratories or other nationally recognized testing agencies.
- ASSISTANT CHIEF FIRE MARSHAL
- The Assistant Chief Fire Marshal of the Town of Brookhaven.[Added 3-1-2005 by L.L. No. 8-2005, effective 3-4-2005]
- CHIEF FIRE MARSHAL
- The Chief Fire Marshal of the Town of Brookhaven.
- DIVISION OF FIRE PREVENTION
- The Division of Fire Prevention of the Town of Brookhaven.
- INSTITUTIONAL OCCUPANCY
- The occupancy or use of a building or structure or any portion thereof by persons harbored or detained to receive medical, charitable or other care or treatment or by persons involuntarily detained.
- NFPA
- The National Fire Protection Association, its standards and its codes.
- 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.
- TOWN BOARD
- The Town Board of the Town of Brookhaven.
[Amended 3-1-2005 by L.L. No. 8-2005,
effective 3-4-2005]
A.
A Division of Fire Prevention is hereby established,
which shall be operated under the supervision of the Chief Fire Marshal.
The head of the Division shall be known as the “Chief Fire Marshal.”
The Chief Fire Marshal shall devote his full time to the duties of
the Division of Fire Prevention. In the absence of the Chief Fire
Marshal or at the direction of the Commissioner of Public Safety,
the Assistant Chief Fire Marshal shall have the full power, authority
and responsibility to undertake and perform all acts and duties performed
by the Chief Fire Marshal. There shall be appointed as many Fire Marshals
as may be necessary to assist the Chief Fire Marshal or Assistant
Chief Fire Marshal in his duties.
[Amended 2-28-2019 by L.L. No. 7-2019, effective 3-12-2019]
B.
The Chief Fire Marshal and the Assistant Chief Fire
Marshal shall be a resident of the Town of Brookhaven and shall be
appointed pursuant to the rules and regulations of the Suffolk County
Department of Civil Service and possess the minimum experience and
qualifications as established by the Department of Civil Service.
A.
A Fire Advisory Board is hereby established which
shall consist of 10 members, all of whom shall be residents of the
Town of Brookhaven and members of a recognized Fire Department or
Board of Fire Commissioners. All members of the Fire Advisory Board
shall be appointed by the Town Board for terms of three years. However,
of said 10 members, three shall represent the Brookhaven Town Fire
District Officer's Association, three shall represent the Brookhaven
Town Fire Chief's Council, and three shall represent the Brookhaven
Town Volunteer Firemen's Association. The appointment of the nine
members representing said organizations shall be upon the recommendation
of the respective organizations which they represent.
B.
The Fire Advisory Board shall select from its own
members a Chairman and a Vice Chairman and shall meet at least once
every two months. Meetings shall be at the call of the Chairman or
upon the request of four members of the Board. Five members shall
constitute a quorum for the transaction of business.
C.
The Fire Advisory Board shall study and review the
operation of this chapter and all administration thereof by the Chief
Fire Marshal and the Division of Fire Prevention for the purpose of
formulating and recommending improvements and changes in this chapter.
The Fire Advisory Board shall act as an advisory body to the Town
of Brookhaven and the Chief Fire Marshal and the Division of Fire
Prevention in connection with the carrying out of the provisions and
purposes of this chapter.
[Amended 3-7-1995 by L.L. No. 8-1995,
effective 3-10-1995]
The Chief Fire Marshal and any marshal of the
Division of Fire Prevention may, at all reasonable hours, enter any
building or premises, with the consent of the owner or occupant, or
with a search warrant, for the purpose of making any inspection or
investigation which, under the provisions of this chapter, he or they
may deem necessary to be made.
A.
It shall be the duty of the Chief Fire Marshal to
inspect or cause to be inspected by the Division of Fire Prevention
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 local law affecting the fire hazard.
B.
The Chief Fire Marshal and the Division of Fire Prevention
shall cooperate with the Board of Fire Commissioners and other fire
district 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.
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.
D.
It shall be the duty of the Chief Fire Marshal to
inspect or cause to be inspected by the Division of Fire Prevention
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 in a manner prescribed by the Chief
Fire Marshal.
E.
It shall be the duty of the Division of Fire Prevention
to investigate the origin, cause and circumstances of the following
when said condition or occurrence is within the Town of Brookhaven:
(1)
Every fire involving injury or loss of life.
(2)
Every suspicious fire.
(3)
Every fire which the Chief Fire Marshal determines
worthy due to its size, speed or unusual conditions.
(4)
Every hazardous condition or occurrence which might
present a clear and present danger to the health, safety and welfare
of the general public.
(5)
Every fire or related condition or occurrence when
requested by the local Fire Department, Fire District or other duly
authorized agency.
F.
It shall be the duty of the Chief Fire Marshal and
the Division of Fire Prevention, upon request, to assist the local
Fire Department, the local Fire District or any other duly authorized
agency in the mitigation of any hazardous condition or occurrence
which might present a clear and present danger to the health, safety
and welfare of the general public when such event shall occur in the
town provided, however, that any member of the Division of Fire Prevention
may take appropriate action to protect the health, safety and welfare
of any person, or to minimize damage to property in the event of an
emergency. For purposes of this section, an emergency is defined as
an unforeseen occurrence or condition that calls for immediate action.
[Amended 9-18-1997 by L.L. No. 14-1997, effective 9-22-1997; 9-1-1998 by L.L. No. 22-1998, effective 9-4-1998]
(1)
The person or entity responsible for the spill, discharge or other release of any material that creates any hazardous condition or occurrence as described in § 30-8F above shall reimburse the Town for all expenses incurred by the Town for the mitigation and investigation of the hazardous condition or occurrence. This section shall not apply to accidental spills or releases of home heating oil, swimming pool treatments or similar materials within or on the premises of single-family dwellings, unless such spill or release was due to a negligent or intentional act.
G.
It shall be the duty of the Division of Fire Prevention
to assist any Fire Department, Fire District, municipality or any
other duly authorized agency not within or part of the Town of Brookhaven,
when assistance is requested by such Fire Department, Fire District,
municipality or duly authorized agency, in the mitigation or investigation
of the origin, cause and circumstances of any fire or hazardous condition
or occurrence which might present a clear and present danger to the
health, safety and welfare of the general public, regardless of the
place of occurrence, provided that the Commissioner of Public Safety
or his/her designee shall first approve the renderings of such assistance.
[Amended 9-18-1997 by L.L. No. 14-1997, effective 9-22-1997; 3-1-2005 by L.L. No. 8-2005, effective 3-4-2005; 2-28-2019 by L.L. No. 7-2019, effective 3-12-2019]
(1)
The person or entity responsible for the spill, discharge or other release of any material that creates any hazardous condition or occurrence as described in § 30-8F above shall be responsible to reimburse the Town for all expenses incurred by the Town for the mitigation and investigation of the hazardous condition or occurrence. This section shall not apply to accidental spills or releases of home heating oil, swimming pool treatments or similar materials within or on the premises of single-family dwellings, unless such spill or release was due to a negligent or intentional act.
(2)
It shall be the duty of the Fire Department, Fire District, municipality or other duly authorized agency not within or part of the Town of Brookhaven, to provide all necessary assistance in identifying the person or entity responsible for any spill, discharge or other release as described in § 30-8G(1) above and all reasonable assistance in obtaining reimbursement for the Town of Brookhaven therefrom.
H.
It shall be the duty of the Division of Fire Prevention
to enforce the applicable provisions of the New York State Uniform
Fire Prevention and Building Code (commonly referred to as the "NYS
Uniform Code") in addition to any other laws, rules, codes or regulations
duly adopted by the Code of the Town of Brookhaven.
[Added 4-17-2001 by L.L. No. 12-2001, effective 4-20-2001]
Whenever the Division of Fire Prevention shall
find in any building, vehicle or vessel or upon any premises dangerous
or hazardous conditions or materials as follows, it shall order such
dangerous conditions or materials to be removed or remedied in such
manner as may be specified by the Chief 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.
D.
Accumulations of dust or waste material in air-conditioning
or ventilating systems or of grease in kitchen or other exhaust ducts.
E.
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.
F.
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 § 30-9 shall be made upon the owner, occupant or other person responsible for the conditions, either by delivering a copy of the 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 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 changes 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.
[Amended 10-5-1993 by L.L. No. 19-1993, effective 10-12-1993]
A.
A permit shall constitute permission in writing to
manufacture, maintain, store, handle or keep explosives, chemicals,
flammable liquids and gases or other hazardous materials or to use,
install or conduct processes or carry on operations involving or creating
conditions which are or may be hazardous to life or property or to
install equipment used in connection with such activities. Such permit
shall not take the place of any other license required by law and
shall not be transferable nor assignable. Each permit shall be limited
to the purposes and materials set forth in the face thereof, and any
change in use or occupancy of premises shall require a new permit.
B.
Before any permit other than a household or commercial
burning permit may be issued, the Division of Fire Prevention, with
the consent of the owner or occupant, or with a search warrant, shall
inspect and approve the receptacles, equipment, vehicles, buildings,
premises or storage place to be used. In cases where the approval
of any other governmental agency is required, no permit shall be issued
until satisfactory evidence of such approval has been submitted by
the applicant.
[Amended 3-7-1995 by L.L. No. 8-1995,
effective 3-10-1995]
C.
All applications for a permit required by this chapter,
other than an application for the household or commercial burning
permit, shall be made to the Chief Fire Marshal in such form and detail
as he shall prescribe. Applications for permits shall be accompanied
by such plans as required by the Chief Fire Marshal. An application
for a household or commercial burning permit may be made to the Chief
of the Fire Department in whose district the burning is to be conducted.
A permit shall not be issued for a period longer than one year unless
specifically stated by some other section of this code. A permit shall
not be effective until such time as the applicant has corrected all
violations which were observed at the time of inspection. The permit
fee shall cover a period of one year from the date of initial inspection,
unless specifically stated by some other section of this code.
[Amended 2-2-1993 by L.L. No. 4-1993,
effective 2-12-1993]
D.
Permits shall at all times be kept on the premises
designated therein and shall at all times be subject to inspection
by the Division of Fire Prevention and any officer of the Fire or
Police Department.
E.
One permit only shall be required by establishments
dealing in or using two or more flammable, combustible or explosive
materials to be kept in the establishment at any one time, but each
of the materials shall be listed in the permit.
F.
A copy of each permit, together with the application
and plans upon which it is based, shall be delivered by the Chief
Fire Marshal forthwith to the Chief of the Fire Department which protects
the area in which the premises are situated.
G.
The Chief Fire Marshal may revoke any permit or approval
issued, and the Chief of the Fire Department may revoke a household
or commercial burning permit issued by him, if any violation of this
chapter is found upon inspection or in case there has been any false
statement or misrepresentation as to a material fact in the application
or plans on which the permit or approval was based.
H.
No building or structure, except one-family dwellings,
shall be erected or altered until the plans therefor have been approved,
in writing, by the Chief 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.
[Amended 3-6-1990 by L.L. No. 10-1990,
effective 3-12-1990; 11-17-2016 by L.L. No. 24-2016, effective 12-5-2016]
The fees shall be established by Town Board
resolution.
This chapter shall not be construed to subject
the Town of Brookhaven, any Fire District or Fire Department therein
or any officers or employees thereof to any civil or other liability
for any damage to persons or property by reason of the inspection
or reinspection authorized herein or failure to inspect or reinspect
or the permit issued as herein provided or by reason of the approval
or disapproval of any equipment authorized herein.
The Chief Fire Marshal shall have the power
to modify any of the provisions of this chapter upon application,
in writing, by the owner or lessee or his duly authorized agent when
there are practical difficulties in the way of carrying out the strict
letter of the chapter, provided that the spirit of the chapter shall
be observed, public safety secured and substantial justice done. The
particulars of such modification, when granted or allowed, and the
decision of the Chief Fire Marshal thereon shall be entered upon the
records of the Division of Fire Prevention, and a copy shall be furnished
to the applicant.
Whenever the Chief Fire Marshal shall disapprove
an application or refuse to grant a permit applied for or revoke a
permit, or when it is claimed that the provisions of this chapter
do not apply or that the true intent and meaning of this chapter has
been misconstrued or wrongly interpreted, the applicant may appeal,
in writing, from the decision of the Chief Fire Marshal to the Town
Board within 10 days from the date of the decision appealed. The Town
Board, after receipt of such notice of appeal, may, in its discretion,
stay the effect of any order pending its decision. The decision of
the Town Board shall be entered upon the records of the Division of
Fire Prevention, and a copy shall be furnished to the applicant.
[1]
Editor's Note: Former § 30-16, Penalties for offenses,
as amended, was repealed 1-16-2017 by L.L. No. 22-2017, effective
11-28-2017. See now Executive Law § 382, Subdivision (2).
If any article, section, subsection, subdivision,
paragraph, sentence, phrase, clause, word or portion of this chapter
is for any reason held invalid or unconstitutional by a court of competent
jurisdiction, such portion shall be deemed a separate, distinct and
independent provision, and such holding shall not affect the validity
of the remaining portions of this chapter.
No building or structure or part thereof erected or altered in accordance with § 30-11H shall be occupied for use until an inspection of the same has been conducted by the Division of Fire Prevention and an appropriate certificate of compliance issued.
[Amended 11-23-2010 by L.L. No. 45-2010, effective 12-7-2010; 3-1-2018 by L.L. No. 5-2018, effective 3-12-2018]
A.
All persons, corporations or other entities owning
improved commercial used, zoned or assessed properties in the Town
of Brookhaven shall file a certificate of registration with the Chief
Fire Marshal in accordance with regulations, as she/he shall prescribe.
B.
A biennial fee, as established by Town Board resolution, is due and payable every January commencing in the year 2019. Penalties for failure are prescribed in § 30-16 herein.[1]
[1]
Editor's Note: Former § 30-16, Penalties for offenses,
as amended, was repealed 1-16-2017 by L.L. No. 22-2017, effective
11-28-2017. See now Executive Law § 382, Subdivision (2).
