[HISTORY: Adopted by the Board of Trustees
of the Village of Pomona 4-5-1982 by L.L. No. 3-1982; amended in its entirety 5-22-2000 by L.L. No.
3-2000. Subsequent amendments noted where applicable.]
A.
The intent of this chapter is to prescribe minimum
requirements necessary to establish a reasonable level of life safety
and property protection from the hazards created by fire and explosion.
B.
This chapter is designed to supplement and expand
upon the requirements of the New York State Uniform Fire Prevention
and Building Code. Should there be a discrepancy between this chapter
and the New York State Uniform Code, the more restrictive provision
shall apply.
The provisions of this chapter shall apply equally
to new and existing conditions, except for the requirements for sprinkler
and fire alarm systems in existing premises. When existing premises
are renovated, converted or added to, and the cost of such addition,
conversion, or renovation equals or exceeds 50% of the replacement
cost of the premises, such premises shall be brought into full compliance
with all provisions of this chapter. Existing conditions not in strict
compliance with the terms of this chapter may be permitted to continue
where the exceptions do not constitute a distinct hazard to life or
property. The Board of Appeals shall have the authority to grant a
waiver for the existing condition upon the written application of
the person owning the installation concerned.
The Bureau of Fire Prevention shall function
as a Board of Appeals for all matters covered by this chapter. The
Bureau of Fire Prevention shall consist of the Fire Inspector, the
Building Inspector and the Deputy Mayor. All appeals shall be made
in writing to the Bureau of Fire Prevention,
This chapter shall be enforced by the Fire Inspector
or Assistant or Deputy Fire Inspectors of the Village of Pomona.
A.
The following fines and other penalties are hereby
imposed, in addition to the punishments imposed by other statutes,
laws or ordinances, on every person violating any of the requirements
or other provisions of this chapter:
B.
The continuation of a violation of the provisions
of this chapter shall constitute, for each day the offense is continued,
a separate and distinct offense hereunder.
The Fire Inspector or Assistant or Deputy Fire
Inspectors 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 chapter, may be deemed necessary.
A.
It shall be the duty of the Fire Inspector or Assistant
or Deputy Fire Inspectors to inspect all buildings and premises, except
single-family and two-family dwellings, as often as may be necessary
for the purpose of ascertaining and causing to be corrected any condition
liable to cause a fire, contribute to the spread of a fire, interfere
with fire-fighting operations or endanger life or any violation of
the provisions or intent of this chapter or any other ordinance or
law affecting firesafety.
B.
The Fire Inspector or Assistant or Deputy Fire Inspectors
shall investigate the cause, origin and circumstances of every fire
occurring in the Village of Pomona which is of an unknown cause or
of a suspicious nature or involves the loss of life or injury to persons
or has caused substantial property damage. Such investigation shall
be made as soon as possible upon the occurrence of any such fire and,
if it appears that the fire is the result of arson, the Fire Inspector
shall immediately notify the proper authorities designated by law
to investigate such matters.
A.
The Fire Inspector, Deputy or Assistant Fire Inspectors
charged with the enforcement of this chapter, while acting for the
Village of Pomona, 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 and under the provisions of this chapter
shall be defended by the legal representative of the Village of Pomona
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 chapter, and 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
or by reason of any act or omission in the performance of the official
duties in connection herewith.
B.
The Village of Pomona shall not be liable under this
chapter 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.
Adequate exits shall be provided in all buildings,
structures and premises within the Village of Pomona 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 furnishings, decorations or other objects shall
be placed so as to obstruct exits, access thereto, egress therefrom
or visibility thereof.
C.
Exit lights, emergency lighting and panic hardware
shall be provided in accordance with the requirements listed in Table
I[1] (to the extent that the uses and buildings listed in Table
I are permitted uses and buildings in the Village of Pomona).
[1]
Editor's Note: Table I is located at the end
of this chapter.
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 to be neither a fire hazard nor 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 Inspectors 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.
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 shall be in violation of this
chapter.
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 that have the words "NO STANDING - NO PARKING - FIRE LANE (or
ZONE)" and appropriate yellow pavement markings installed in conformance
with the New York State Uniform Traffic local law 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 obstruction at all times.
F.
More restrictive provisions for fire lanes may be
imposed by the Fire Inspector.
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 Fire Inspector 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 chapter 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 Fire
Inspector and, in order to maintain uniformity throughout Rockland
County, order forms for said key box must be obtained from the Fire
Inspector.
D.
The key box shall contain:
(1)
Keys to looked 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 Fire Inspector
or Fire Chief.
(6)
The layout of the building, showing the locations
of the above.
(7)
Other information as requested by the Fire Inspector
or Fire Chief.
A.
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 night time visibility.
B.
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.
C.
Stairway marking. Stairways serving four or more stories
shall be provided with signs indicating floor level, roof access and
no roof access and reentry locations in accordance with the National
Fire Protection Association Life Safety local law (NFPA 101).
D.
Identification of lightweight construction.
(1)
Upon inspection and identification of a building,
other than a one- or two-family dwelling, of truss, wood I-beam or
other lightweight-type construction, the owner/occupant shall be notified
by the Fire Inspector of the requirements of this chapter.
(2)
Upon notification, the owner/operator will be required
to permanently affix an approved 12 inches by 18 inches reflective
truss construction identification logo on the building. The exact
location shall be identified by the Fire Inspector. The identification
logos shall be properly installed within 10 days of receipt of written
notice.
(3)
The Fire Inspector should notify the local Fire Chief
of any building with lightweight construction. This information should
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 50% of the
door(s), window(s) or other building opening which is protected by
the security gate when the security gate is in place.
A.
In accordance with Table 1,[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.
[1]
Editor's Note: Table I is located at the end
of this chapter.
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 the 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.
D.
Color coding of siamese connections. In order to ensure
that firefighters 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 I.[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.
[1]
Editor's Note: Table I is located at the end
of this chapter.
B.
Where a 110-volt (hard-wired) smoke detector is required
to be installed in any building (including a 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 back-up 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 local law.
E.
Fire alarm or fire detection systems shall have an
annunciation or remote located at or near the main entrance of the
building. Such annunciation shall show the location and type of alarm.
A floor plan of the protected premises shall also be provided at 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 Fire 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 to the
alarm receiving station 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 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.
Portable fire extinguishers, installed and maintained
in accordance with National Fire Protection Association Standard No.
10, the Standard for Portable Fire Extinguishers, shall be provided
in all occupancies as required by Table I.[1]
[1]
Editor's Note: Table I is located at the end
of this chapter.
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)
These systems shall be inspected by an approved service
firm on a semiannual basis. 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
within 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 National Fire Protection Association
Standards.
A.
In order to notify responding firefighters of conditions
within a building or structure equipped with sprinkler systems, fire
alarm systems or containing hazardous materials or other hazards to
firefighters, 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 sprinklered 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 dangers to firefighters.
B.
The exact location of such lights shall be determined
by the Fire Inspector.
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 chapter 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 chapter and the New York State Uniform Fire Prevention and
Building Code are being complied with.
C.
Any certificate of compliance required under the provisions
of this section shall be issued by the Building Department upon approval
of the Fire Inspector, and such certificate shall be posted or displayed
in a conspicuous place on the premises.
D.
The Village of Pomona 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 Village Board of Trustees.