[Added 5-6-1991 by L.L. No. 2-1991]
The purpose of this Article is to provide an additional level of protection
from fire to life and property of the persons and occupancies within the Town
of Newburgh.
As used in this Article, unless the context or subject matter otherwise
requires, the following terms shall have the meanings indicated:
A building for infirm adults who require personal care, supervision
and services.
A building or structure in which the primary or intended occupancy
or use is the assembly of persons for amusement, athletic, civic, dining,
educational, entertainment, patriotic, political, recreational, religious,
social, sports or similar purposes.
A building or structure in which the primary or intended occupancy
or use is the transaction of administrative, business, civic or professional
service and where the handling of goods, wares or merchandise, in limited
quantities, is incidental to the primary occupancy or use. Newsstands, lunch
counters, barbershops, beauty parlors and similar service facilities are considered
as incidental occupancies or uses.
The floor area of a story of a building within exterior walls, party
walls, fire walls or any combination thereof.
A classification of occupancy or use of a building based on the fire
load or danger of explosion therein.
The combustible contents within a building during normal use.
The sum of the gross horizontal areas of all the floors of a building
or buildings on a lot measured from the exterior faces of the exterior walls.
A building or structure in which the primary or intended occupancy
or use is the manufacture or processing of products of all kinds, including
operations such as making, altering, assembling, bottling, canning, finishing,
handling, mixing, packaging, repairing, cleaning, laundering and similar operations.
A building or structure in which the primary or intended occupancy
or use is for persons domiciled or detained under supervision.
A transient, temporary or permanent paying guest.
A building or structure in which the primary or intended occupancy
or use is the display and sale to the public of goods, wares or merchandise.
The use of a building, structure or premises.
A classification of buildings and structures into occupancy groups
based on the kind or nature of occupancy or use (as per the New York State
Uniform Fire Prevention and Building Code).
Buildings and structures in which the primary intended occupancy
or use is for senior citizens, intended primarily for persons sixty-two (62)
years old or more, who are in good physical condition and do not require physical
assistance.
A system of piping and appurtenances designed and installed in accordance
with generally accepted standards so that heat from a fire will automatically
cause water to be discharged over the fire area to extinguish it and prevent
its further spread.
A building or structure in which the primary or intended occupancy
or use is the storage of or shelter for goods, merchandise, products, vehicles
or animals.
Buildings, for the purposes of this Article, shall be classified into
the following occupancy classifications:
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B1
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Multiple Dwelling -- Permanent Occupancy
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B2
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Multiple Dwelling -- Transient Occupancy
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B3
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Multiple Dwelling -- Senior Citizens Housing
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B4
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Multiple Dwelling -- Adult Residential Care Facility
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C1
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Business Premises
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C2
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Mercantile Premises
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C3
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Industrial Premises
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C4
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Storage Premises
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C5
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Assembly Premises
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C6
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Institutional Premises
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A.
Multiple-Dwelling Occupancy Classifications. Multiple-Dwelling
Occupancy Classifications are based upon the permanent or transient character
of their occupancy groups and the number and physical condition of their occupants.
These classifications shall be in accordance with, but not limited to, the
following groups:
(1)
B1 Multiple Dwelling -- Permanent Occupancy.
(a)
Buildings containing one (1) or two (2) dwelling units,
with more than four (4) lodgers residing with a family in either one (1) or
both such dwelling units.
(b)
Buildings containing three (3) or more dwelling units.
(c)
Apartment houses and apartment hotels.
(d)
Garden apartments.
(e)
Community residences.
(3)
B3 Multiple Dwelling -- Senior Citizen Housing.
(4)
B4 Multiple Dwelling -- Adult Residential Care Facility.
B.
Business Premises Occupancy Classification. The Business
Premises Occupancy Classification includes, but is not limited to, the following
typical occupancies:
(1)
Administrative buildings.
(2)
Banks.
(3)
Barbershops.
(4)
Beauty parlors.
(5)
Buildings for broadcasting and telecasting having a capacity
of not more than fifty (50) persons.
(6)
Computer and data processing buildings.
(7)
Greenhouses.
(8)
Indoor tennis courts designed for or intended to be used
by not more than fifty (50) persons, without seating for spectators.
(9)
Laboratories, other than chemical.
(10)
Launderettes.
(11)
Library buildings having a capacity of not more than
fifty (50) persons.
(12)
Office buildings.
(13)
Outpatient clinics, ambulatory, without domiciliary facilities.
(14)
Professional offices.
(15)
School administration buildings without classrooms.
(16)
Telephone exchanges.
C.
Mercantile Premises Occupancy Classification. The Mercantile
Premises Occupancy Classification includes, but is not limited to, the following
typical occupancies:
D.
Industrial Premises Occupancy Classification.
(2)
The Industrial Premises Occupancy Fire Hazard Subclassifications
include, but are not limited to, the following typical occupancies:
(a)
C3.1 Low Hazard.
[1]
Breweries and wineries.
[2]
Car-wash facilities.
[3]
Ceramic product manufacture.
[4]
Dairy product processing.
[5]
Dry-cleaning plants using nonflammable solvents.
[6]
Electrical substations.
[7]
Electrolytic processing, excluding those that generate
flammable or toxic gases.
[8]
Electronic assembly plants.
[9]
Foundries.
[10]
Masonry product manufacturers.
[11]
Metal-fabrication buildings.
[12]
Metal-processing buildings.
[13]
Power-generating plants.
[14]
Water-pumping stations.
(b)
C3.2 Moderate Hazard.
[1]
Aircraft maintenance and repair facilities.
[2]
Bakeries.
[3]
Chemical laboratories and manufacturers other than high
hazard.
[4]
Commercial laundries.
[5]
Dry-cleaning plants using flammable solvents.
[6]
Metalworking shops requiring volatile or flammable liquids.
[7]
Motor vehicle maintenance and repair shops.
[8]
Paper mills and sawmills.
[9]
Woodworking plants, excluding furniture manufacture.
(c)
C3.3 High Hazard.
[1]
Celluloid, pyroxylin and nitrocellulose products.
[2]
Explosives and fireworks manufacturing and distributing.
[3]
Flammable dust.
[4]
Gasoline plants and plants for flammable gas.
[5]
Oil refineries and oil-cracking facilities.
[6]
Paint and varnish manufacture.
[7]
Rooms with high oxygen atmosphere, including hospital
operating rooms.
[8]
Upholstering facilities.
[9]
Wood furniture manufacture.
E.
Storage Premises Occupancy Classification.
(2)
The Storage Premises Occupancy Fire Hazard Subclassifications
include, but are not limited to, the following typical occupancies:
(b)
C4.2 Moderate Hazard.
[1]
Aircraft hangers.
[2]
Firehouse with assembly space.
[3]
Furniture warehouse.
[4]
Fur storage.
[5]
Garage with maintenance or repair facilities.
[6]
Grain elevators.
[7]
Lumber storage without facilities for producing chips
or dust.
[8]
Paper or cardboard storage, tightly packed.
[9]
Stables or barns within fire limits.
[10]
Trucks or commercial garages.
[11]
Warehouse and truck terminals.
F.
Assembly Premises Occupancy Classification.
(1)
The Assembly Premises Occupancy Classification is subclassified
according to the number of persons the building can lawfully contain into
the following subclassifications:
(2)
The above Assembly Premises Occupancy Classification
subclassifications, based on number of persons, include but are not limited
to the following typical occupancies:
(a)
Amusement parks.
(b)
Armories.
(c)
Art galleries.
(d)
Assembly halls.
(e)
Auditoriums.
(f)
Bathhouses.
(g)
Bowling alleys.
(h)
Clubrooms.
(i)
Coliseums and stadiums.
(j)
Courtrooms.
(k)
Dance halls and discotheques.
(l)
Exhibition halls or buildings.
(m)
Grandstands.
(n)
Gymnasiums.
(o)
Indoor tennis courts with seating for spectators.
(p)
Lecture halls.
(q)
Libraries and broadcasting and telecasting stations having
a capacity of more than fifty (50) persons.
(r)
Lodge halls or rooms.
(s)
Mortuary chapels.
(t)
Motion picture theaters.
(u)
Museums.
(v)
Nightclubs.
(w)
Passenger stations and terminals of air, surface, underground
and marine public transportation facilities.
(x)
Recreation centers, halls and piers.
(y)
Restaurants.
(z)
Skating rinks.
(aa)
Tents and similar shelters.
(bb)
Theaters.
G.
Institutional Premises Occupancy Classification.
(1)
The Institutional Premises Occupancy Classification is
subclassified according to the mobility of the building's occupants into
the following subclassifications:
(a)
C6.1 Normal Movement. For persons whose movements are
not limited and who have a normal sense of perception.
(b)
C6.2 Limited Movement. For persons whose movements are
limited because of illness, age or physical or mental handicap.
(c)
C6.3 Detained or Confined. For all persons detained or
confined.
(2)
The above Institutional Premises Occupancy Classification
mobility subclassifications include, but are not limited to, the following
typical occupancies:
(b)
C6.2 Limited Movement.
[1]
Child-caring institutions with overnight sleeping facilities.
[2]
Clinics with sleeping rooms.
[3]
Community residences.
[4]
Day-care centers for children under three (3) years of
age.
[5]
Health-related facilities.
[6]
Hospitals.
[7]
Infirmaries.
[8]
Medical facilities.
[9]
Nursing homes.
[10]
Sanitariums.
This Article shall apply to the following occupancy classifications:
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Type
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Applicability
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B1
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All
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B2
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All
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B3
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All
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B4
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All
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C1
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Any building or structure of over 2,500 square feet of floor area
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C2
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All
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C3
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All
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C4
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All
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C5
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All
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C6
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All
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A.
No building or structure designed or intended for any of the occupancies described in § 107-20 above shall be constructed or substantially altered after the effective date of this Article, nor shall any existing building or structure undergo a change in occupancy to any of the above classifications described in § 107-20, without complying with the terms of this Article. Each such building or structure shall be equipped with a sprinkler system which shall comply with all provisions of the Town of Newburgh Municipal Code and with the standards set forth in the latest edition, as may hereafter be amended from time to time, of the following publication of the National Fire Protection Association, Inc., Batterymarch Park, Quincy, Massachusetts 02269, hereby incorporated by reference and made a part hereof: NFPA-13.
B.
For purposes of this Article, a substantial alteration
shall occur when the cost of any alterations, additions or repairs made within
any six-month period exceeds fifty percent (50%) of the cost of replacement
of the building or structure at the beginning of that six-month period.
A.
No building permit shall be issued for the construction
of any new building, structure or portion required to have an approved sprinkler
system pursuant to this Article unless an approved sprinkler system is included
in the plans for such construction submitted for the building permit.
B.
No building permit shall be issued for the substantial
alteration of any building existing on the effective date of this Article
that is required to have an approved sprinkler system installed unless an
approved sprinkler system is included in the plans for such alteration.
C.
The plans and specifications must show the location of
the proposed sprinkler system and all features thereof, from the connection
to the town water main to the sprinkler heads.
No certificate of occupancy shall be issued by the Building Inspector
for occupancy or use of any building, structure or portion thereof required
to have an approved sprinkler system unless such system is installed, inspected,
tested and approved by the Town of Newburgh Fire Inspector in accordance with
the standards incorporated in this Article.
Notwithstanding the terms of this Article, sprinklers shall not be required
to be installed in spaces where the discharge of water would be hazardous.
In such places, other fire-extinguishing equipment approved by the New York
Board of Fire Underwriters, National Fire Protection Association or other
nationally recognized approval organization and by the Town of Newburgh Fire
Inspector shall be installed.
A.
Where practical difficulties or unnecessary hardship
may result from enforcement of the strict letter of any provision of this
Article, applications for variances consistent with the spirit of this Article
may be made to and acted upon by the Bureau of Fire Prevention of the Town
of Newburgh. The Bureau is empowered to grant a variance, by vote of a majority
of its members in attendance when the vote is taken, when the Bureau has found
that:
B.
In granting any variances, the Bureau may impose such
conditions as the Bureau may reasonably determine necessary to mitigate the
consequences of the omission of an approved sprinkler system from all or any
part of a building, including the requirement that alternative forms of fire-extinguishing
equipment be provided or a requirement of additional alarms or other devices
to ameliorate the effects of having no sprinkler systems.
