[HISTORY: Adopted by the Board of Trustees
of the Village of Haverstraw as indicated in article histories. Amendments
noted where applicable.]
[Adopted at time of adoption of Code 8-11-1997 by L.L. No.
4-1997 (see Ch. 1, General Provisions, Art. I)]
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.
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.
(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.
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]
(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.
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.
[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; 10-17-2022 by L.L. No. 3-2022]
Any person, association, organization, corporation,
company or business entity found guilty of a violation of the New
York State Uniform Fire Prevention and Building Construction Code,
or of any of the provisions of this article, shall be punishable by
a fine of not more than $10,000; and which charge, under this article,
shall be a petty offense or infraction, and not a crime. The continuation
or repeat of a violation of, or failure to comply with, any provision
of this article shall constitute, for each occurrence that transpires
or each day on which the violation continues, a separate and distinct
charge hereunder.
[Adopted 11-10-1997 by L.L. No. 5-1997]
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.
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.
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.
MUNICIPALITY
For the purpose of this article, the terms used herein
are defined as follows:
The Village of Haverstraw, Rockland County, New York.
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.
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.
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.
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.
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.
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.
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.
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).
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
[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; 10-17-2022 by L.L. No. 3-2022]
A.
The following fine is hereby imposed, in addition
to the punishments imposed by other statutes and laws, on any person,
association, organization, corporation, company or business entity
violating any of the requirements or provisions of this article: a
fine not to exceed $10,000; and which charge, under this article,
shall be a petty offense or infraction, and not a crime.
B.
A sentence to pay a fine that is imposed on a corporation
for a violation of a provision of this article shall be in conformity
with § 80.10 of the Penal Law.
C.
The continuation or repeat of a violation of, or failure
to comply with, any provision of this article shall constitute, for
each occurrence that transpires or each day on which the violation
continues, a separate and distinct charge hereunder.
D.
Any person, association, organization, corporation,
company or business entity who shall fail to comply with a written
order of the Fire Safety Inspector, within the time fixed for compliance
therewith, and 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; and which charge, under
this article, shall be a petty offense or infraction, and not a crime.
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, or 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 or an alternative to a penalty otherwise prescribed
by law.
F.
The above fines and penalties may be amended by resolution
of the Village Board of Trustees.
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.
The fee schedule is as follows:
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.
