Village of Haverstraw, NY
Rockland County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Haverstraw as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Numbering of buildings — See Ch. 101.
Clearing, filling and grading — See Ch. 112.
Electrical standards — See Ch. 125.
Fees — See Ch. 132.
Flood Damage Prevention — See Ch. 141.
Dangerous structures — See Ch. 205.
Inspection of vacant units — See Ch. 223.
Zoning — See Ch. 245.
137a Uniform Fire Prevention Code - Table 1
Article I Administration and Enforcement

§ 137-1 Enforcement.

§ 137-2 Issuance of building permits.

§ 137-3 Issuance of certificates of occupancy.

§ 137-4 Penalties for offenses.

Article II Additional Fire Prevention Regulations

§ 137-5 Purpose.

§ 137-6 Applicability.

§ 137-7 Enforcement; definitions.

§ 137-8 Entrance to premises authorized.

§ 137-9 Inspections.

§ 137-10 Elimination of dangerous or hazardous conditions.

§ 137-11 Fire lanes and fire zones.

§ 137-12 Outdoor fires.

§ 137-13 Key boxes.

§ 137-14 Shaftways to be marked.

§ 137-15 Stairway marking.

§ 137-16 Premises identification.

§ 137-17 Identification of lightweight construction.

§ 137-18 Vacant buildings.

§ 137-19 Open-flame cooking outside multiple residences.

§ 137-20 Security gates.

§ 137-21 Places of assembly.

§ 137-22 Sprinklers.

§ 137-23 Exit requirements.

§ 137-24 Electrical fire safety.

§ 137-25 Smoking.

§ 137-26 Existing building.

§ 137-27 Sprinkler test.

§ 137-28 Color coding of siamese connections.

§ 137-29 Fire detection systems.

§ 137-30 Portable fire extinguishers.

§ 137-31 Alarms.

§ 137-32 Extinguishing systems.

§ 137-33 Access to fire protection equipment.

§ 137-34 Strobe lights.

§ 137-35 Hazardous material.

§ 137-36 Certificates of compliance.

§ 137-37 Exemption from liability.

§ 137-38 Survey of premises; equipment required.

§ 137-39 Compliance required; violation orders; appearance tickets.

§ 137-40 Penalties for offenses.

§ 137-41 Appeals.

§ 137-42 Inspection fees.

[Adopted at time of adoption of Code 8-11-1997 by L.L. No. 4-1997 (see Ch. 1, General Provisions, Art. I)]

§ 137-1 Enforcement.

A. 
Code Enforcement Officer.
(1) 
This article shall be enforced by a Code Enforcement Officer and one or more Assistant Code Enforcement Officers, as deemed necessary (referred to herein individually and collectively as the "Code Enforcement Officer") appointed by the Board of Trustees. It shall be the duty of the Code Enforcement Officer and he or she is hereby empowered:
(a) 
To inspect any building, structure or land to determine whether any violations of this article have been committed or exist, whether or not such building, structure or land is occupied and whether or not a certificate of occupancy has been issued.
(b) 
To issue a building permit and certificate of occupancy when compliance is made with the regulations, to refuse to issue the same in the event of noncompliance and to give written notice of such refusal and the reason therefor to the applicant, which shall be endorsed on the application.
(c) 
To keep the Board of Trustees advised of all matters pertaining to the enforcement of this article; to make and keep all records necessary and appropriate to the office, including records of the issuance and denial of all building permits and certificates of occupancy and receipts of written complaints of violation of this article and action taken on the same; and to keep a record of all permits and certificates of occupancy issued in a separate book that shall be available for public inspection.
(2) 
The Code Enforcement Officer shall issue and post notices of violations, stop orders, revocation of building permits and certificates of occupancy and shall order the remedying of any condition or omission that is found to be in violation of this article. In addition, by resolution, the Board of Trustees may direct the Code Enforcement Officer to revoke such building permits and certificates of occupancy, issue such stop orders, make such inspection and reports, initiate and take such court proceedings and perform all other actions as required by the Board of Trustees as may be necessary to enforce this article or to invoke penalties for its violation.
B. 
Building permits and certificates of occupancy granted only in conformance with regulations.
(1) 
No building permit or certificate of occupancy shall be issued unless the proposed construction or use is in conformance with all the provisions of this article, Chapter 245, Zoning, and other applicable laws.
(2) 
Whenever the Code Enforcement Officer determines upon reasonable grounds that work on any building or structure is being or has been conducted in violation of any of the provisions of the New York State Uniform Fire Prevention and Building Code, state or federal laws, building laws, ordinances, local laws, regulations, rules or specifications of the Village of Haverstraw or other applicable laws or regulations, or the requirements of any approved site plan or subdivision plat, including required drainage, grade or elevation plans, or is not in conformity with the provisions of any application, plans or specifications upon which a building permit was issued, or that such work is being conducted in a dangerous or unsafe manner, then the Code Enforcement Officer may notify the owner of the property, or the owner's agent or the person performing the work to suspend such remaining work on any building or structure which is or could be affected by the violation, located within the plot or subdivision where the violation exists. If work remains to be performed on such buildings or structures, such persons shall forthwith stop such work and suspend all building activities on the affected buildings or structures until the stop order has been rescinded. Such stop order and notice shall be in writing, shall state the conditions under which the work may be resumed and may be served upon a person to whom it is directed either by delivering it personally to him or her, or by posting the same upon a conspicuous portion of the building or structure under construction and sending a copy of the same by registered mail. Any person aggrieved by such a stop order may appeal to the Zoning Board of Appeals within 30 days to review the same, and the Zoning Board of Appeals, on such review, may affirm, modify or reverse the action of the Code Enforcement Officer, as the facts may warrant, except as provided in Chapter 245, Zoning.
(3) 
Where the determination of violation concerns a building or structure for which a certificate of occupancy has already been issued, the Code Enforcement Officer may terminate the certificate of occupancy in accordance with § 137-3E.

§ 137-2 Issuance of building permits.

A. 
A building permit is required for:
[Amended 1-17-2012 by L.L. No. 1-2012]
(1) 
The construction, reconstruction, moving, demolition, structural alteration or change in the use of a building or a structure.
(2) 
The replacement of a roof, or sandblasting.
(3) 
Any change in the bulk of a building structure affixed into the ground, or nonbuilding use, but not including ordinary repairs which are not structural in nature.
(4) 
The erection, moving, alteration or display of any sign, with the exception of the type of signs permitted in the R-1 District in Use Table, Column E, Nos. 1 and 3.[1]
[1]
Editor's Note: The Use Table appears at the end of Ch. 245, Zoning.
(5) 
The installation of a storefront protective grille which shall be of open construction.
(6) 
Any change to the façade of a structure in the CBD Zone, including paint color.
B. 
Application.
(1) 
Application for a building permit shall be made to the Code Enforcement Officer on forms provided by him or her and shall contain the following information:
(a) 
A description, agreeing with the Tax Map of the Village of Haverstraw, of the land on which the proposed work is to be done.
(b) 
A statement of the use of occupancy of all parts of the land and of the building or structure.
(c) 
The valuation of the proposed work.
(d) 
The full name and address of the owner and of the applicant, including the names and addresses of each office and director of any corporation.
(e) 
A brief description of the nature of the proposed work.
(f) 
All applications shall be accompanied by the applicable site plan, subdivision maps, drainage grade, elevation plans and all other documents required for the development of the plot, building or structure.
(2) 
Each application for a building permit shall be accompanied by plans and specifications, including plot plans as required, drawn to scale, showing the location and size of all proposed new construction and all existing structures on the site, the nature and character of the work to be performed and the materials to be incorporated, distance from plot lines, widths and grades of adjoining streets, walks and alleys and, where required by the Code Enforcement Officer, details of structural, mechanical and clerical work, including computations, stress diagrams and other essential technical data. Plans and specifications shall bear the signature of the person responsible for the design and drawings, and if construction is over $10,000 in value, an architect's or engineer's signature and New York State license number.
(3) 
Applications shall be made by the owner or lessee, or agent of either, or by the architect, engineer or builder employed in connection with the proposed work. Where such application is made by a person other than the owner, it shall be accompanied by an affidavit of the owner or applicant that the proposed work is authorized by the owner and that the applicant is authorized to make such application.
(4) 
Any amendment to the application or to the plans and specifications accompanying same must be filed and approved by the Code Enforcement Officer prior to the completion of the work, and such amendments shall comply with the provisions of this article. The granting or refusal of such an amendment by the Code Enforcement Officer shall be in writing and may be reviewed by appeal to the Zoning Board of Appeals within 30 days after such determination is filed in the office of the Code Enforcement Officer.
C. 
Approval or disapproval, issuance of building permit.
(1) 
The Code Enforcement Officer or an Assistant Code Enforcement Officer shall examine or cause to be examined all applications for permits and the plans, specifications and documents filed therewith. He or she shall approve or disapprove the application within 30 days of receipt of the same. An appeal from the approval or disapproval of any application shall be made to the Board of Appeals within 30 days after the determination of the Code Enforcement Officer has been filed in the office of the Code Enforcement Officer or endorsed on the building plans filed in said office. Any final determination of disapproval shall be indicated in writing, together with the copies thereof filed in the office of the Code Enforcement Officer and mailed to the applicant.
(2) 
Upon approval of the applications and upon receipt of the fees therefor, the Code Enforcement Officer shall promptly issue a building permit to the applicant upon the form prescribed and shall affix his or her signature or cause his or her signature to be affixed thereto. Upon approval of the application, both sets of plans and specifications shall be endorsed with the word "approved."
(3) 
One set of such approved plans and specifications shall be retained in the files of the Code Enforcement Officer, and the other set shall be returned to the applicant, together with the building permit, and shall be kept at the building site and open to inspection by the Code Enforcement Officer or his or her authorized representative at all reasonable times. If the application, together with plans, specifications and other documents filed therewith, describes proposed work which does not conform to all of the requirements of the applicable building regulations, the Code Enforcement Officer shall disapprove the same and shall return the plans and specifications to the applicant.
D. 
Expiration and extension. Every existing and future building permit shall expire by limitation at the end of six months from the date issued. If a construction is not completed within said six-month period, the Code Enforcement Officer may, with the approval of the Planning Board, extend the permit for three successive six-month periods, and any further extension shall be applied for to the Zoning Board of Appeals, which, upon due cause being shown, may grant further extensions not exceeding a total additional period of one year.
E. 
Fees. Every application for a building permit pursuant to this article and/or the New York State Uniform Fire Prevention and Building Code shall be accompanied by payment of a fee as specified in the village schedule of fees.[2]
[2]
Editor's Note: See Ch. 132, Fees.

§ 137-3 Issuance of certificates of occupancy.

A. 
When required.
(1) 
No building hereafter constructed shall be used or occupied in whole or in part until a certificate of occupancy shall have been issued by the Code Enforcement Officer.
(2) 
Partial certificate of occupancy. Upon request, the Code Enforcement Officer may issue a partial certificate of occupancy for a period not to exceed 90 days for a building or structure or part thereof, before the entire work covered by the building permit shall have been completed, provided that such portion or portions as have been completed may be occupied safely without endangering life or the public welfare. The Code Enforcement Officer shall require cash or a performance bond from the owner or holder of the building permit of a surety company licensed to do business in the State of New York, which bond shall run to the benefit of the village for a term not exceeding 90 days. The Code Enforcement Officer shall determine the penal sum of the bond or cash in such amount as sufficient to cover the cost to complete the work uncompleted. Prior to issuance of the partial certificate of occupancy, the Board of Trustees shall approve the issuance and amount of the bond and the sufficiency of the surety. The fee for such partial certificate of occupancy is set forth in the village schedule of fees.[1]
[1]
Editor's Note: See Ch. 132, Fees.
(3) 
No change shall be made in the use or type of occupancy of an existing building or structure requiring a building permit, or change in the use of land, except to any use which is primarily agricultural, unless a certificate of occupancy authorizing such change in use shall have been issued by the Code Enforcement Officer. A change in use shall include a change in the type or general class of goods or services sold or manufactured and any substantial change in manufacturing operation involving new equipment and machinery.
B. 
Application and affidavit. The owner shall make application for a certificate of occupancy. Accompanying this application, and before the issuance of a certificate of occupancy, there shall be filed with the Code Enforcement Officer an affidavit of the owner or the registered architect or licensed professional engineer who supervised the construction of the work, or of the superintendent of construction of the work, or of the superintendent of construction who supervised the work, and who, by reason of his or her experience, is qualified to superintend the work for which the certificate of occupancy is sought. This affidavit shall state that the deponent has examined the approved plans of the structure for which a certificate of occupancy is sought, that the structure has been erected in accordance with approved plans and, as erected, complies with this article and the law governing building construction, including all subdivision regulations and the requirements of any approved subdivision, plat or site plan except insofar as variations therefrom have been legally authorized. Such variations shall be specified in the affidavit.
C. 
Issuance of certificate. Before issuing a certificate of occupancy, the Code Enforcement Officer shall examine or cause to be examined all buildings, structures and sites for which an application has been filed for a building permit to construct, enlarge, alter, repair, remove, demolish or change the use or occupancy; and may conduct such inspections as he or she deems appropriate from time to time during and upon completion of the work for which a building permit has been issued. There shall be maintained by the Code Enforcement Officer a record of all such examinations and inspections, together with a record of findings of violations of the law. However, any certificate of occupancy for the establishment of any use of a building or land requiring a special permit as listed in Use Table, Column C,[2] and any other particular use requiring the approval of the Zoning Board of Appeals, shall be issued only with the authorization of the Board of Appeals. Every certificate of occupancy for a use for which a special permit or variance has been granted by the Zoning Board of Appeals shall contain a detailed statement of such special permit or variance and of the conditions to which the same is subject.
[2]
Editor's Note: The Use Table appears at the end of Chapter 245, Zoning.
D. 
Fees. Every application for a certificate of occupancy shall be accompanied by a fee as set forth in the village schedule of fees.[3]
[3]
Editor's Note: See Ch. 132, Fees.
E. 
Termination. A certificate of occupancy shall be deemed to authorize and is required for both initial and continued occupancy and use of the building or land to which it applies and shall continue in effect so long as such building or land is used for the use authorized in the certificate of occupancy. If the terms of such certificate of occupancy are violated by the holder thereof, the Code Enforcement Officer may, by service of notice of violation, terminate such certificate of occupancy, which order of termination is, however, subject to review by the Zoning Board of Appeals by the holder thereof taking an appeal to the Board of Appeals within 30 days of service of said order of termination.
F. 
Copies. Copies of every certificate of occupancy issued hereafter shall be furnished on request to the Planning Board or Zoning Board of Appeals, and on the payment of the regular application fee therefor to any other person. The Board of Trustees may by resolution fix the fees required from the general public for copies of public documents required under Chapter 245, Zoning.

§ 137-4 Penalties for offenses.

[Amended 4-18-2011 by L.L. No. 4-2011; 4-18-2011 by L.L. No. 6-2011; 3-16-2015 by L.L. No. 2-2015]
Any person found guilty of a violation of the New York State Uniform Fire Prevention and Building Construction Code or of the provisions of this article shall be punishable by a fine of not more than $10,000 per day of violation or imprisonment for a term not exceeding 15 days, or both.
[Adopted 11-10-1997 by L.L. No. 5-1997]

§ 137-5 Purpose.

A. 
It is the intent of this article to supplement and expand upon the requirements of the New York State Uniform Fire Prevention and Building Code by prescribing minimum requirements which are necessary to establish a reasonable level of life, safety and property protection from the hazards created by fire and explosion. In areas of conflict with the State Uniform Code, the more restrictive regulations shall apply.
B. 
Compliance with codes or standards of the American Insurance Association or the National Fire Protection Association shall be deemed to be prima facie evidence of compliance with this intent, except where this local code is stricter.

§ 137-6 Applicability.

A. 
The provisions of this article shall apply equally to new and existing conditions within the Village of Haverstraw, except that existing conditions not in strict compliance with this article may be permitted to continue whereas the exceptions do not constitute a distinct hazard to life and property.
B. 
The Code Enforcement Officer or Fire Safety Inspector and their deputies of the Village of Haverstraw shall have authority to grant a waiver of the existing condition upon the written application of the person owning the installation concerned. Any waiver of existing conditions shall be based upon the public safety.

§ 137-7 Enforcement; definitions.

A. 
The Code Enforcement Officer and the Fire Safety Inspector of the Village of Haverstraw and his deputies shall enforce this article.
B. 
The Fire Safety Inspector of the Village of Haverstraw shall serve under the immediate direction and control of the Code Enforcement Officer (Building Inspector) of the Village of Haverstraw pursuant to the New York State Uniform Fire Prevention and Building Code which the Village of Haverstraw has adopted in its entirety.
C. 
The Fire Safety Inspector shall be appointed by the Village Board of Trustees of the Village of Haverstraw and shall receive a salary as set by the Village Board by resolution.
D. 
For the purpose of this article, the terms used herein are defined as follows:
MUNICIPALITY
The Village of Haverstraw, Rockland County, New York.

§ 137-8 Entrance to premises authorized.

The Fire Safety Inspector or his deputy 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 article, may be deemed necessary to be made. He may call for assistance in the performance of his duties upon any other law enforcement agency, which is directed to give such assistance.

§ 137-9 Inspections.

A. 
It shall be the duty of the Code Enforcement Officer, Fire Safety Inspector and their deputies to inspect all buildings and premises, except single-family dwellings, as often as may be necessary for the purpose of ascertaining and causing to be corrected any conditions liable to cause a fire, contribute to the spread of a fire, interfere with fire-fighting operations or endangering life, or any violation of the provisions or intent of this article or any other ordinance or law affecting fire safety.
B. 
It shall be the duty of the Code Enforcement Officer, Fire Safety Inspector and their deputies to notify the proper authorities if there has been a suspicious fire or loss of life from fire. Proper authorities investigating said fire shall notify Village of Haverstraw officials responsible for this article as to the results of their inspection and investigation.
C. 
The Fire Safety Inspector shall be notified by the Planning Board of all subdivisions or sites wherein fire hydrants are to be located and shall consult the Fire Department as to their location and installation. Fire safety inspections of buildings containing the following types of occupancies are required:
(1) 
Areas of public assembly, as defined in Part 606 of the Uniform Code. Such inspections are to be conducted at least once per year.
(2) 
All multiple dwellings and all nonresidential occupancies. Such inspections are to be conducted at least once per year.
(3) 
In response to bona fide complaints regarding conditions or activities allegedly failing to comply with the Uniform Code.
(4) 
On any occasion when conditions are hazardous to public health, safety or welfare.

§ 137-10 Elimination of dangerous or hazardous conditions.

Whenever any Fire Safety Inspector or any Deputy Fire Safety Inspector thereof shall find in any building or upon any premises dangerous or hazardous conditions or materials as follows, the Fire Safety Inspector or his deputy shall order such dangerous conditions or materials to be removed or remedied in such manner as may be specified by the Fire Safety Inspector:
A. 
Any condition which is liable to cause or contribute to the spread of fire in any premise, building or structure or endanger any person.
B. 
Any condition which would interfere with the efficiency or use of any fire-protection equipment.
C. 
Any accumulation of rubbish, waste, paper, shavings or other combustible material which results in a dangerous condition.
D. 
Dangerous or unlawful amounts of combustible, explosive or otherwise hazardous materials.
E. 
Hazardous conditions arising from defective or improperly installed equipment for handling or using combustible, explosive or otherwise hazardous material.
F. 
Dangerous accumulations of rubbish, wastepaper, boxes, shavings or other highly flammable materials.
G. 
Accumulations of dust or waste material in air-conditioning or ventilating systems or of grease in kitchen or other exhaust ducts.
H. 
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.
I. 
Any condition arising from the defective installation or improper use of electrical wiring, equipment or appliances.
J. 
Any condition arising from defective or improperly installed equipment for handling, storing or using combustibles, explosives or otherwise hazardous materials.
K. 
Any building or structure which lacks sufficient exit facilities, automatic fire-extinguishing system, fire alarm system or fire-extinguishing equipment and thereby creates a hazardous condition.
L. 
The presence of persons in excess of the maximum number authorized by the Code Enforcement Official as evidenced by the occupancy limit sign which must be posted as per § 137-21 of this chapter.
M. 
Any building or other structure which, for want of repairs, lack of sufficient fire escapes or other 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.
N. 
All equipment, materials, processes or operations which are in violation of the provisions and intent of this article.

§ 137-11 Fire lanes and fire zones.

A. 
The Fire Inspector or Assistant 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.
B. 
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.
C. 
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.
D. 
Fire zones and fire lanes shall be marked with freestanding signs and have the words "NO STANDING - NO PARKING - FIRE LANE (or ZONE)" and appropriate yellow pavement markings installed in conformance with New York State Uniform Traffic Code requirements.
E. 
No motor vehicle shall park, stand or remain unattended in an established fire zone or fire lane. Fire zones and lanes shall be maintained free of all obstructions at all times.
F. 
The Fire Inspector may impose more restrictive provisions for fire lanes.
G. 
The Fire Safety Inspector, with recommendations from the Fire Chief(s), shall have the authority to designate emergency fire lanes on any street or access, public or private, which street serves multiple dwellings, shopping centers, industrial sites or places of public assembly and to lane said streets to provide for access of fire equipment or to prevent parking on any such street to permit access of fire equipment.
H. 
The Fire Safety Inspector shall notify the Superintendent of Public Works, in writing, of such fire lane designations, as to which street or streets shall be so marked for fire lanes. The Fire Safety Inspector shall also have the authority to notify the owner of such street to mark such streets pursuant to the order of the Fire Safety Inspector at the owner's cost and expense. If such markings shall be made by the Village DPW, the cost of the same may be a charged upon said owner as though a tax or special assessment.
I. 
In addition, as to any private or public property on which shall be located multiple dwellings containing more than six dwelling units, or where there is a shopping center, industrial use or place of public assembly, the Fire Safety Inspector may designate areas therein for fire lanes for the entry and egress in fighting fires as he shall deem necessary, and he shall notify the owner of said land of his determination.
J. 
Any person who shall violate this order shall be prosecuted pursuant to §§ 137-39 and 137-40.

§ 137-12 Outdoor fires.

A. 
All outdoor fires include all fires burning outdoors with the exception of fires used to cook food in approved and/or recognized grills or stoves.
B. 
All outdoor fires are prohibited with the exception of live burn drills conducted by the Fire Department, fires for religious purposes or for other purposes as specifically approved by the Fire Inspector. Prior approval from the Rockland County Health Department and a permit from the Fire Inspector are required for all outdoor fires. Any other person, firm or corporation starting, maintaining or having control over an outdoor fire would be in violation of this article.

§ 137-13 Key boxes.

A. 
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 Code Enforcement Officer, Fire Safety Inspector and/or their deputies may require a key box to be installed in an approved location.
B. 
All new business, mercantile, industrial, storage, assembly, institutional and three or more story multiple residences constructed, altered or changed in use after the effective date of this article shall have installed a key box in an approved location. Such key boxes shall be installed prior to the issuance of a certificate of occupancy.
C. 
The key box shall be of the type approved by the Code Enforcement Officer, Fire Safety Inspector and/or their deputies and, in order to maintain uniformity throughout Rockland County, order forms for said key box must be obtained from the Code Enforcement Officer, Fire Safety Inspector and/or their deputies.
D. 
The key box shall contain:
(1) 
Keys to locked points of ingress, whether on the interior or exterior of such structures.
(2) 
Keys to locked mechanical rooms.
(3) 
Keys to locked electrical rooms.
(4) 
Keys to elevator controls.
(5) 
Keys to other areas as directed by the Code Enforcement Officer, Fire Safety Inspector or their deputies.
(6) 
The layout of the building showing the locations of the above.
(7) 
Other information as requested by the Code Enforcement Officer, Fire Safety Inspector or their deputies.

§ 137-14 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.

§ 137-15 Stairway marking.

Stairways serving four or more stories shall be provided with signs indicating floor level, roof access or not roof access, and re-entry locations in accordance with the National Fire Protection Association Life Safety Code (NFPA 101).

§ 137-16 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 nighttime visibility.

§ 137-17 Identification of lightweight construction.

A. 
Upon inspection and identification of a building's truss, wood I-beam or other "lightweight" type construction, the owner/occupant shall be notified by the Code Enforcement Officer and/or Fire Inspector of the requirements of this article.
B. 
Upon notification, the owner/operator shall be required to permanently affix an approved twelve-inch-by-eighteen-inch reflective truss construction identification logo on the building. The exact location shall be identified by the Code Enforcement Officer and/or the Fire Inspector. The identification logos shall be properly installed with 10 days of receipt of written notice.
C. 
The Fire Inspector shall notify the local Fire Chief of any building with lightweight construction. This information shall be provided to the Rockland County Fire Control Center to be included in the Rockland County Computer Dispatch System Database.

§ 137-18 Vacant buildings.

A. 
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.
B. 
Buildings that are vacant shall maintain all required fire detection and suppression systems in service.

§ 137-19 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.

§ 137-20 Security gates.

Where the use of security gates is permitted, such gates shall provide unobstructed view of at least 75% of the doors, windows or other building opening which is protected by the security gate when the security gate is in place. Where security gates are utilized, key boxes shall be provided.

§ 137-21 Places of assembly.

A. 
No place of assembly, as defined in Subsection B of this section, shall be maintained, operated or used as such without a certificate of compliance, except that no certificate of compliance shall be required for any place of assembly used solely as a place of religious worship.
B. 
"Place of assembly" shall mean any building, room or space used for assembly or gathering for recreation, political, religious, social, amusement or entertainment purpose. Place of assembly occupancies shall include, but shall not be limited to, live performance and motion picture theaters, meeting halls, auditoriums, exhibition halls, museums, skating rinks, gymnasiums, bowling alleys, poolrooms, restaurants, licensed premises dispensing alcoholic beverages, churches, dance halls and club rooms.
C. 
Posting of maximum occupancy. The maximum number of occupants permitted within assembly spaces shall be established by the Code Enforcement Official, and a sign setting forth such maximum number shall be conspicuously posted in each space and shall not be exceeded. Posting of the occupancy limit sign shall be deemed notice to the owner, manager or person in charge and shall be deemed an order to comply. Violation of the occupancy requirements is a violation of this article and punishable pursuant to § 137-40 of this chapter.
D. 
Overcrowding. It is the responsibility of the owner, manager or person in charge to assure that the occupant load does not exceed the number established by the Code Enforcement Official; and he shall not permit overcrowding or admittance of any person beyond the approved number of occupants of any place of assembly nor permit, allow or suffer the total number of persons at any one time to be in such a number so as to constitute a threat or danger to the public health, safety or welfare.
E. 
The Fire Inspector or any Assistant or Deputy Fire Inspector or Police Department, upon finding overcrowding conditions, shall cause the performance, spectacle or entertainment to be stopped until such a condition is corrected.

§ 137-22 Sprinklers.

A. 
In accordance with Table 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.
B. 
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.
C. 
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.

§ 137-23 Exit requirements.

A. 
Adequate exits shall be provided in all buildings, structures and premises within the Village of Haverstraw 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).
B. 
No exit doors, passageways, hallways or stairs leading to an exit shall be locked, bolted or otherwise fastened or obstructed by any means so that the door cannot be opened from the inside by the use of the ordinary door latch or knob by pressure on the device or on a panic release device and will allow the free egress of the occupants from the building or the obstructed ingress of the Fire Department personnel at all times.
C. 
The exit doors to the exterior of the building shall be equipped with approved panic hardware, which release when pressure is applied to the release device.
D. 
No furnishings, decorations or other objects shall be so placed as to obstruct exits, access thereto, egress therefrom, or visibility thereof.
E. 
Exit lights, emergency lighting and panic hardware shall be provided in accordance with the requirements listed in Table 1.

§ 137-24 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 or a source of ignition for combustible or hazardous substances, materials or devices.

§ 137-25 Smoking.

Where smoking is considered a fire hazard, the Fire Inspector or Assistant or Deputy Fire Inspector 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 ashtrays shall be provided.

§ 137-26 Existing building.

A. 
For any existing building, structure or occupancy, except a one- or two-family residence, which does not contain a sprinkler system conforming to NFPA standards where the total floor area is increased by 50% or more or for which the cost of any alterations, additions or repairs made within a six-month period exceeds 50% of the cost of replacement of the building at the beginning of that six-month period or where the use is converted to a C5 occupancy, as defined by the New York State Uniform Fire Prevention and Building Code, 9 NYCRR Title 9, plans shall be submitted in accordance with 100-9B and a fire sprinkler system shall be installed.
B. 
No certificate of occupancy shall be issued for occupancy or use of any building, structure or portion thereof required to have a fire sprinkler system unless such system is installed, inspected, tested and approved in accordance with NFPA standards.

§ 137-27 Sprinkler test.

All sprinkler systems shall be tested on a semiannual basis. 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.

§ 137-28 Color coding of siamese connections.

In order to ensure that fire fighters utilize the proper siamese connection, all siamese connections and/or the protective covers installed on the siamese connection shall be color-coded as follows:
A. 
RED - Siamese supplying a standpipe (fire hose) system.
B. 
GREEN - Siamese supplying a sprinkler system.
C. 
YELLOW - Siamese supplying a combination standpipe and sprinkler system.

§ 137-29 Fire detection systems.

A. 
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 1. 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.
B. 
Where a 110 volt (hard-wired) smoke detector is required to be installed in any building (including 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.
C. 
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). 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.
D. 
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.
E. 
Fire alarm or fire detection systems shall have an annunciator or remote, located at or near the main entrance of the building. Such annunciator 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.
F. 
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 Department is in place. In such case the provisions of the plan shall be followed.
G. 
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.
H. 
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.
I. 
If the fire alarm system signal transmission 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.
J. 
A red name plate with one-inch white letters shall be located below the visual/audio signal with the following information:
(1) 
Name of alarm company.
(2) 
Telephone number of the alarm company.

§ 137-30 Portable fire extinguishers.

A. 
Portable fire extinguishers installed and maintained in accordance with the National Fire Protection Association Standard No. 10, the Standard for Portable Fire Extinguishers, shall be provided in all occupancies as required by Table 1.
B. 
An approved service firm on an annual basis shall inspect all portable fire extinguishers. To ensure proper inspection, a uniform inspection tag shall state the inspection date and the inspection expiration date, the name, address and phone number of the service firm.

§ 137-31 Alarms.

All fire detection and sprinkler alarm systems shall be tied into the Rockland County Central Alarm System (44 Control), the Village of Haverstraw Municipal Alarm System or an approved alarm central station as prescribed by the Village of Haverstraw Uniform Fire Prevention Code Table 1.

§ 137-32 Extinguishing systems.

A. 
Protection of cooking equipment and ductwork:
(1) 
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 applicable National Fire Protection Association Standards.
(2) 
An approved service firm on a semiannual basis shall inspect these systems. 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 with 10 days of the inspection.
B. 
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 NFPA Standards.

§ 137-33 Access to fire protection equipment.

A. 
The parking of any vehicle within 15 feet of any fire hydrant or Fire Department siamese connection shall be prohibited.
B. 
No shrubs, dumpsters or other items that may obstruct the view of and/or access to any fire hydrant or Fire Department siamese connection shall be permitted.
C. 
It shall be the duty and obligation of any owner, occupant or tenant of any premises located within the Village of Haverstraw to maintain a clear and unobstructed path for a radius of 10 feet in every direction from any fire hydrant located on or in front of any premises or within 20 feet of any lot line and to maintain said area clear from all obstructions, including but not limited to dirt, debris, shrubbery and snow.

§ 137-34 Strobe lights.

A. 
In order to notify responding fire fighters of conditions within a building or structure equipped with sprinkler systems, fire alarm systems or containing hazardous materials or other hazards to fire fighters, identification strobe lights shall be installed on the exterior of the building as follows:
(1) 
RED STROBE LIGHT - Located above the Fire Department siamese connection of a sprinkled building to indicated activation of the water flow alarm.
(2) 
YELLOW STROBE LIGHT - Installed to indicate activation of a pull station, smoke detector, heat detector or other alarm device.
(3) 
BLUE STROBE LIGHT - Installed to indicate the presence of hazardous materials, conditions or other danger to fire fighters.
B. 
The Fire Inspector shall determine the exact location of these lights.

§ 137-35 Hazardous material.

Where identification of buildings and structures containing hazardous materials is required in accordance with the New York State Uniform Fire Prevention and Building Code, the National Fire Protection Association Hazardous Materials Identification System (NFPA 704) shall be utilized.

§ 137-36 Certificates of compliance.

A. 
An annual certificate of compliance to ensure compliance with all requirements of this article and the New York State Uniform Fire Prevention and Building Code shall be required for all uses and occupancies of property other than one- or two-family dwellings. Such certificate does not take the place of any other permits or certificates required by law. It shall not be transferable, and any change in the use or occupancy of premises shall require a new certificate.
B. 
Before a certificate of compliance may be issued, a Fire Inspector or Deputy or Assistant Fire Inspector shall make such inspections or tests as are necessary to assure that the provisions of this article and the New York State Uniform Fire Prevention and Building Code are being complied with.
C. 
The Building Department, upon approval of the Fire Inspector, shall issue any certificate of compliance required under the provisions of this section, and such certificate shall be posted or displayed in a conspicuous place on the premises.
D. 
The Village of Haverstraw may require applicants to submit written applications supplying under affidavit such information needed for fire protection purposes as requested by the Fire Inspector and/or Fire Department.
E. 
Fees for certificates of compliance for new or changed uses and annual inspection fees payable each year for the specific uses subject to inspection by the Fire Inspector shall be established from time to time by resolution of the Haverstraw Village Board.

§ 137-37 Exemption from liability.

A. 
The Fire Inspector or Deputy or Assistant Fire Inspector charged with the enforcement of this article, while acting for the Village of Haverstraw, 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 under the provisions of this article shall be defended by the legal representative of the Village of Haverstraw 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 article, any official, officer or employee acting in good faith and without malice shall be free from any liability for acts performed under any of the provisions of this article or by reason of any act or omission in the performance of the official duties in connection herewith.
B. 
The Village of Haverstraw shall not be liable under this article for any damage to persons or property by reason of the inspection or reinspection of buildings, structures or equipment authorized herein or 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.

§ 137-38 Survey of premises; equipment required.

A. 
The Fire Safety Inspector shall inspect each commercial and industrial establishment, mercantile, private educational and institutional occupancy, place of assembly, hotel, multifamily house and trailer camp and shall specify suitable fire-detecting devices or extinguishing appliances, which shall be provided in or near boiler rooms, kitchens or restaurants, clubs and like establishments, storage rooms involving considerable combustible material, rooms in which hazardous manufacturing processes are involved, repair garages and other places of a generally hazardous nature. Such devices or appliances may consist of automatic fire-alarm systems, automatic sprinkler or water-spray systems, automatic fire and/or smoke sensors or detectors, fire alarm signal boxes, emergency lights, standpipe and hose, fixed or portable fire extinguishers of a type suitable for the probable class of fire, or suitable asbestos blankets, manual or automatic doors or carbon dioxide or other special fire-extinguishing systems. In special hazardous processes or storage, appliances of more than one type or special systems may be required.
B. 
Every application for a building permit for the construction, reconstruction, addition or change in use of any building or structure shall meet the fire and safety requirements of the Village of Haverstraw Uniform Fire Prevention Code Table 1 as well as any additional requirements deemed necessary for the safety of persons and property by the Fire Inspector or Assistant or Deputy Fire Inspectors, and said requirements shall be made a condition of the permit.

§ 137-39 Compliance required; violation orders; appearance tickets.

A. 
A person owning, operating, occupying or maintaining property or premises within the scope of the New York State Uniform Fire Prevention and Building Code or this article shall comply with all the provisions of this article and all orders, notices, rules, regulations or determinations issued in connection therewith.
B. 
Whenever the Fire Safety Inspector finds that there has been a violation of this article or any rule or regulation adopted pursuant to this article, a violation order shall be issued to the person or persons responsible.
C. 
The violation order shall be in writing, shall identify the property or premises, shall specify the violation and remedial action to be taken, shall provide a reasonable time limit for compliance and shall state the time within which an appeal may be taken.
D. 
Violation orders may be served by personal service, by mailing, by registered or certified mail or by posting a copy thereof in a conspicuous place on the premises and by mailing a copy thereof to the premises on the same day as posted, enclosed in a postpaid wrapper addressed to the person responsible.
E. 
In case the owner, lessor, occupant or the agent of any of them shall fail, neglect or refuse to remove, eliminate or abate the violation within the time specified in the violation order, the Building Inspector and/or the Fire Safety Inspector may issue an appearance ticket to the violator in accordance with this section.
F. 
The Enforcement Officials designated in this article (see § 137-7) shall have the power, right and authority to issue an appearance ticket, as the same is defined in Article 150 of the Criminal Procedure Law of the State of New York for violation of any section of this article or any provision of the New York State Uniform Fire Prevention And Building Code.

§ 137-40 Penalties for offenses.

[Amended 4-18-2011 by L.L. No. 4-2011; 4-18-2011 by L.L. No. 6-2011; 3-16-2015 by L.L. No. 2-2015]
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 article: a fine not to exceed $10,000 or imprisonment for a term not exceeding 15 days, or both.
B. 
A sentence to pay a fine that is imposed on a corporation for an offense defined in this article shall be in conformity with § 80.10 of the Penal Law.
C. 
The continuation of an offense against the provisions of this article shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.
D. 
Any person who shall fail to comply with a written order of the Fire Safety Inspector within the time fixed for compliance therewith who shall violate any of the applicable provisions of this article or any lawful order, notice, directive, permit or certificate of the Fire Safety Inspector made thereunder shall be punishable by a fine of not exceeding $10,000 or imprisonment for a period not to exceed 15 days, or both.
E. 
An action or proceeding in the name of the Village of Haverstraw may be commenced in any court of competent jurisdiction, including the Justice Court of the Village of Haverstraw, to compel compliance with or restrain by injunction the violation of any provision of this article, rule or regulation adopted pursuant to this article or a violation order or an order to vacate the occupancy of a building in the case of imminent danger to life or property. Such remedy shall be in addition to a penalty otherwise prescribed by law.
F. 
The above fines and penalties may be amended by resolution of the Village Board of Trustees.

§ 137-41 Appeals.

A. 
The Bureau of Fire Prevention shall function as a Board of Appeals for all matters covered by this article. The Bureau of Fire Prevention shall consist of the Fire Inspector, the Building Inspector and the Fire Chief or his designate. All appeals shall be made in writing to the Bureau of Fire Prevention.
B. 
Such Board of Appeals shall hear and decide appeals from and review any order, requirement, decision or determination made by an administrative official charged with the enforcement of this article or any amendment thereof. The concurring vote of the majority of the members of the Board shall be necessary to reverse any order, requirement, decision or determination of any such administrative official. Such appeal may be taken by any aggrieved or by an officer, department, board or bureau of the village. Such appeal shall be taken within such time as shall be prescribed by the Board of Appeals by general rule by filing with the officer from whom the appeal is taken and with the Board of Appeals a notice of appeal, specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the Board all papers constituting the record upon which the action appealed was taken. An appeal stays all proceedings in furtherance of the action appealed from.
C. 
The Board shall fix a reasonable time for the hearing of the appeal and give notice at least five days prior to such hearing by mailing notices thereof to the parties and shall decide the same within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney. The Board of Appeals may reverse or affirm, wholly or partly, or may modify, the order, requirement, decision or determination appealed from and shall make such order, requirement, decision or determination as in its opinion ought to be made.

§ 137-42 Inspection fees.

The fee schedule is as follows:
A. 
Class B-1 Permanent Occupancy, including the following: $50 for three units and $10 for each additional unit.
(1) 
Building containing three or more dwelling units.
(2) 
Apartment houses and apartment hotels.
(3) 
Garden apartments.
(4) 
Community residence.
B. 
Class B-2 Transient Occupancy (hotel/motel), as follows:
(1) 
Fifty dollars for up to five rooms.
(2) 
Ten dollars for each additional room.
C. 
Class B-3 Multiple-Dwelling, Senior Citizen Housing, as follows:
(1) 
Forty dollars for the first three living units.
(2) 
Ten dollars for each additional living unit.
D. 
Class B-4 Adult Residential Care, Health Care Facility, as follows:
(1) 
One hundred dollars for 10 beds.
(2) 
Five dollars for each additional bed.
E. 
C-1 Business (Offices), C-2 Mercantile, C-3 Industrial and C-4 Storage, as follows:
Area
(square feet)
Fee
0 to 5,000
$50.00
5,001 to 10,000
$100.00
10,001 to 25,000
$250.00
25,001 to 50,000
$375.00
Over 50,001
$500.00
F. 
Class C-5 Place of Assembly, as follows:
Capacity in Persons
Fee
0 to 50
$50.00
51 to 100
$75.00
101 to 300
$100.00
301 and over
$0.50 per person
G. 
The above inspection fees may be amended by resolution of the Village Board of Trustees.