Town of New Windsor, NY Fire Prevention

Editor’s Note: Former § 142-2, Fire Advisory Board established, was repealed 12-5-2012 by L.L. No. 6-2012.

§ 142-3 Office of Town Fire Inspector established.

The Town Board shall also appoint, upon recommendation of the Bureau, one Fire Inspector and may appoint one or more Assistant Fire Inspectors.

§ 142-4 Duties of Town Fire Inspector.

It shall be the duty of the Fire Inspector or duly authorized assistants to enforce all laws and ordinances covering the following:

The prevention of fires.

The storage and use of explosives and flammables.

The installation and maintenance of automatic and other private fire alarm systems and fire-extinguishing equipment.

The maintenance and regulation of fire escapes.

(5)

The means and adequacy of exits in case of fire from factories, schools, hotels, lodging houses, asylums, hospitals, churches, halls, theaters and all other places in which numbers of persons are employed, live or congregate from time to time, for any purpose.

(6)

The investigation of the cause, origin and circumstances of fires.

The Fire Inspector shall also have the power to propose regulations covering the aforesaid items to the Town Board of the Town of New Windsor for approval.

The Fire Inspector shall, at the request of the Bureau of Fire Prevention, attend the meetings of the Bureau.

The Fire Inspector or duly authorized assistants is/are authorized to sign "order to remedy violation" notices and may act as witness in proceedings brought on account of such violations. The Fire Inspector or duly authorized assistants may act as complainant in all violations.[1]

§ 142-6 Signage required; fire-extinguishing systems; roadways; certificates of occupancy; window bars; insurance.

Editor’s Note: Former Subsection E, pertaining to the banning of burning and the revocation of burning permits, which immediately followed this subsection, was repealed 12-5-2012 by L.L. No. 6-2012.

§ 142-5 Right of entry; order to evacuate.

The Town Fire Inspector or duly authorized assistants may, at all reasonable hours or at any time they have reason to believe that a fire hazard may exist, enter any building or premises within the Town of New Windsor, except the interior of a private dwelling, for the purpose of making any inspection or investigation which, under the provisions of this chapter, they deem necessary.

The Town Fire Inspector or duly authorized assistants, police officers, and any Fire Chief or fire officer of the fire companies protecting the Town of New Windsor may, in the event of an emergency or disaster in which lives are in jeopardy, order an evacuation of the area which is endangered. That evacuation may be made across the private property of others if it is deemed necessary by the official ordering the evacuation. If, after being ordered to evacuate, that order is disobeyed, the Town Fire Inspector or duly authorized assistants, police officers and/or the Fire Department personnel may physically remove said person or persons from the premises and area involved in the emergency or disaster.

[1]Apartment buildings. Apartment numbers and letters must be posted on all apartment entranceways. These numbers or letters are to be at least four inches in size, made of reflective material and clearly visible from roadways. In addition, each apartment section must be clearly marked with numbers or letters of reflective material on the exterior of the building so that the numbers or letters may be seen from the entrance road at a point no less than 150 feet from the building. All numbers and letters shall be placed so that emergency vehicles, with responding personnel, may easily see said letters or numbers from the vehicles as they approach the building.

[Amended 12-5-2012 by L.L. No. 6-2012]

Editor's Note: Former Subsection A, pertaining to residential occupancies, was repealed 12-5-2012 by L.L. No. 6-2012; said local law also redesignated former Subsections B through E as Subsections A through D, respectively.

Mobile home parks. All mobile home parks must have signs, with lot numbers posted on them, with numbers at least four inches in size, at all intersecting roadways within the mobile home park, indicating by arrows of at least four inches in length the direction of the lot numbers. These signs are to be clearly visible and unobstructed at all times. The bottom of the sign shall be at least six feet above the grade level of the roadway. All homes or units shall be marked with a unit number in a uniform manner throughout the mobile home park.

[Amended 12-5-2012 by L.L. No. 6-2012]

Fire wall markings. For firefighting purposes, all existing fire walls that are not identifiable by the extension of the fire wall through the roof must be marked by a sign on the exterior wall of the building at each end of the fire wall, in order to be seen by firefighters. The sign is to read "fire wall here" and is to be clearly visible and unobstructed from view on the outside wall of the building. The sign is to be six inches in width and two feet in length. The sign is to be affixed to the exterior building wall under the soffit of the building.

[Amended 12-5-2012 by L.L. No. 6-2012]

All commercial kitchens, including but not limited to restaurants, cafeterias, diners, taverns, luncheonettes, coffee shops and private clubs, shall have an approved automatic fire-extinguishing system incorporated into the range hood.

[Amended 12-5-2012 by L.L. No. 6-2012]

Hoods, grease-removal devices, fans, ducts and other appurtenances shall be cleaned weekly or prior to surfaces becoming heavily contaminated with grease or oily sludge, whichever occurs first. Flammable solvents or other flammable cleaning aids shall not be used. Grease cups are to be cleaned daily.

Automatic fire-extinguishing systems shall be inspected every six months and a maintenance check shall be performed every year by a reputable and authorized agent of the automatic fire-extinguishing-system manufacturer. The extinguisher tank and manual pull stations shall be tagged showing the date of the last inspection/maintenance examination and the name of the authorized agent performing the examination. The tag shall also list the examination performed, i.e., inspection, maintenance, recharge, or hydrostatic test.

When an automatic fire-extinguishing system has operated because of a fire or accidentally for any reason, commercial cooking equipment involved is permitted to be continued in use for not more than 24 hours without the fire-extinguishing system being inspected and recharged. If the automatic extinguishing system has not been restored to full operation within 24 hours, the commercial cooking equipment shall not be operated.

All automatic fire-extinguishing systems shall be installed and maintained in accordance with the National Fire Protection Association Code, Standard for the Installation of Equipment for the Removal of Smoke and Grease Laden Vapors from Commercial Cooking Equipment, NFPA 96, and the manufacturer's installation requirements.

(5)

Any buildup of grease on the exterior surfaces of buildings shall be removed weekly.

(6)

At least annually, the entire hood, duct, fan and other component parts of the exhaust system shall be cleaned by a reputable contractor to remove any and all buildup of grease. A sticker shall be affixed to the hood, so that it may easily be seen, showing the name of the contractor and date of cleaning. It shall include the following statement: "This exhaust system has been cleaned in accordance with the requirements of NFPA 96." The sticker shall be signed by the contractor.

(7)

Filters shall be cleaned daily.

(8)

All owners of buildings have one year from the adoption of this chapter to comply with this Subsection D.

Truss-type construction.

[Added 12-5-2012 by L.L. No. 6-2012]

All commercial and industrial buildings and structures that utilize truss-type construction shall be marked by a sign or symbol that informs persons conducting fire control and other emergency operations of the existence of truss construction.

For purposes of this section, truss-type construction shall mean a fabricated structure of wood or steel, made up of a series of members connected at their ends to form a series of triangles to span a distance greater than would be possible with any of the individual members on their own.

This section shall apply to all commercial and industrial buildings and structures in the Town of New Windsor, both new and existing. Existing buildings and structures shall have 90 days from the effective date of this subsection to comply.

Signs or symbols utilized to identify truss-type construction shall be in conformance with Section 1264.4 of the New York State Uniform Fire Prevention and Building Code.

Closing of roadways. Any time a road is closed, either public or private, for any reason, regardless of the amount of time, the contractor, Town or private, shall notify the emergency services prior to closing the road. The emergency services to be notified shall include, but not be limited to, the ambulance corps, Police Department and the Fire Department(s) which protect the road to be closed. In addition, the office of the Fire Inspector shall be notified. If a single access roadway is to be closed, the entire entrance may not be closed at any one time and a minimum of 1/2 of the roadway or 12 feet, whichever is greater, must be maintained opened at all times. If it becomes necessary, plating of sufficient thickness to support fire apparatus (25 tons) may be used to cover openings in roadway.

If during an inspection it is determined that the owner of a building or structure does not have a certificate of occupancy as issued by the Building Department of the Town of New Windsor, the owner shall be given a maximum of five days in which to apply for a certificate of occupancy and 30 days in which to obtain a certificate of occupancy. With the approval of the Code Enforcement Officer or Fire Inspector, the 30 days in which to obtain a certificate of occupancy may be extended for an additional 30 days. If the owner fails to obtain a certificate of occupancy, the building or structure shall be ordered vacated immediately by the office of the Fire Inspector and all utilities to the building or structure shall be terminated. No persons shall occupy the building or structure until a certificate of occupancy has been issued and a copy of the same is on file with the office of the Fire Inspector.

All occupancies which have security bars on windows must have a minimum of two legal exits, remote from each other, from the building.

Insurance. All commercial occupancies, such as but not limited to shopping centers, retail stores, factories, schools, hotels, motels, churches, restaurants, meeting halls, theaters, warehouses, trucking terminals, apartment complexes, etc., shall report yearly to the office of the Fire Inspector the name and address of their insurance carrier (company) and the name and address of their insurance agent and their insurance policy number.

Excavations. Prior to any excavation, the Underground Utilities Call Center must be notified, and a dig number or case number must be obtained. The person in charge of the excavating must notify the Code Enforcement Officer and Fire Inspector of the dig or case number at least 48 hours in advance.

§ 142-7 Incorporation of Uniform Code.

The New York State Uniform Fire Prevention and Building Code which became effective January 1, 1984, and as it may hereafter be amended from time to time, is incorporated by reference and made part of this chapter.

§ 142-8 Incorporation of Life Safety Code.

The Code for Safety to Life from Fire in Buildings and Structures, generally known as the "Life Safety Code 1988," published by the National Fire Protection Association, NFPA 101, 1988, adopted January 23, 1964, and as it may hereafter be amended from time to time, is incorporated by reference and made part of this chapter.

§ 142-9 Inspection of hazards and systems.

Upon any complaint or on his own initiative, the Fire Inspector or duly authorized assistants shall inspect, as often as may be necessary, all specially hazardous manufacturing processes, storage or installation of gases, chemicals, oils, explosives and flammable materials and all interior fire alarm and automatic sprinkler systems.

§ 142-10 Inspection of premises.

Upon any complaint or on his own initiative, it shall be the duty of the Fire Inspector or duly authorized assistants to inspect, as often as may be considered necessary, any building or premises, except the interiors of private dwellings, for the purpose of ascertaining and causing to be corrected any condition liable to cause fire or any violations of the provisions or intent of any New York State law or any local law or ordinance of the Town affecting the fire hazard.

Whenever the Fire Inspector or a duly authorized assistant shall find in any building or upon any premises combustible or explosive matter or dangerous accumulations of rubbish or unnecessary accumulations of wastepaper, boxes, shavings or any highly flammable materials, which are so situated as to endanger property, passageways, doors or windows or liable to interfere with the operations of the Fire Department or egress of occupants in case of fire, he shall order the same to be removed or remedied.

§ 142-11 Removal or remedy of dangerous conditions.

Upon any complaint or on his own initiative, the Fire Inspector or duly authorized assistant shall inspect buildings or premises within his jurisdiction for violations. Whenever he shall find any building or other structure which, for want of repairs, lack of sufficient fire escapes, automatic or another fire alarm apparatus or fire-extinguishing equipment, or by reason of age or dilapidated condition or from any other cause is especially liable to fire, and which is so situated as to endanger other property or the occupants thereof, and whenever he shall find in any building combustible or explosive matter or flammable conditions dangerous to the safety of such buildings or the occupants thereof, he shall order such dangerous conditions or materials to be removed or remedied.

Whenever the Fire Inspector or duly authorized assistant deems that a condition, violation or situation as set forth above is such that it constitutes a distinct hazard to life or public safety, he may remove the hazard and/or order the building or premises closed immediately to the public, said building or premises to remain closed until the hazard is removed or remedied at the owner's expense.

Whenever the Fire Inspector or duly authorized assistant deems that an obstruction to or on a fire lane or other means of access to a building or premises or that obstruction to a source of water or other services necessary for fire-fighting purposes is such that it constitutes a distinct hazard to life or public safety or is interfering with the operation of the Fire Department during an emergency, he may order the obstruction removed immediately at the owner's expense.

Whenever an order for immediate closing of a building or premises or for the immediate removal of an obstruction is given, said order shall be written and three copies made. The original is to be kept on file in the office of the Fire Inspector, one copy is to be given to the individual directed to carry out the order, and one copy is to be given to the owner or occupant and, if none, affixed to the premises or property.

Should the Code Enforcement Officer or his assistant be unavailable for any reason, the Fire Inspector or duly authorized assistants may issue stop-work orders at a construction site if it is found that conditions are such that NYCRR is being violated.

§ 142-12 Fire hydrants; water main lines.

Definitions. As used in this section, the following terms shall have the meanings indicated:

DISTRIBUTION SYSTEM

Those water main lines which are used to route water through a residential or commercial subdivision in which the water is shared.

TRANSMISSION SYSTEM

Those water main lines used to route water to a given area of the Town.

In order to ensure adequate fire-fighting capability, the centers of hose outlets in fire hydrants shall be 18 inches above the floor of the hose house or 18 inches above ground.

There shall be a maximum of 500 feet between fire hydrants situated along water main lines. Exceptions may be granted for water mains solely used for the transmission of water rather than the distribution of water.

Water main lines less than eight inches in diameter in residential areas and less than 12 inches in diameter in commercial areas are prohibited.

Distribution-type water main lines must loop into the water system, and dead-end mains are prohibited.

Emplacement or maintenance of material or objects, including trees, bushes, flowers, shrubbery, rubbish, garbage cans, mailboxes or guardrails, which hamper fire-fighting operations is prohibited within 15 feet above or to any side of a fire hydrant.

The Bureau of Fire Prevention shall approve hydrant locations and water main lines in all areas of the Town of New Windsor prior to final approval by the Town of New Windsor Planning Board. This shall include, but not be limited to, new subdivisions, apartment projects, commercial areas, industrial areas and where new schools or churches are being constructed. The procedure hereinafter set forth shall be followed by the individual, organization or corporation, hereinafter referred to as "developer," installing the hydrants and water mains.

The developer shall furnish the Bureau of Fire Prevention with two maps or site plans showing street, water main locations and hydrants, together with other site information.

The Bureau of Fire Prevention shall be allowed 30 days for review of the plans for location of hydrants and water mains. The requirements shall be clearly shown on the maps or site plans and signed by the Fire Inspector. One completed copy of the map shall be returned to the developer.

After the final map or site plans are printed and the necessary corrections shown on the site plan or map, the developer will return two copies to the Fire Inspector who will review said map or site plan within two days. If the changes are in accordance with the requirements as previously set forth, the Fire Inspector shall affix the approval stamp, sign and date the map or site plan and return one copy to the developer.

Hydrants must be installed and flow tested before above the ground construction is commenced. The flow test shall comply with the specifications of the Insurance Services Office of New York (formerly New York Fire Rating Board) to produce an "A" rating.

The Fire Inspector shall view all hydrant locations prior to final approval by the Town of New Windsor. The Fire Inspector shall supply to the Town Engineer a report stating either that the hydrants are approved or a report stating the deficiencies which were found on inspection. Any deficiencies found must be corrected prior to final approval.

Highway markers identifying fire hydrant location shall be placed in the center of the roadway at all fire hydrant locations. The reflective marker shall be blue in color.

§ 142-13 Service of orders; appeals.

Service upon owner. Orders or other documents to be served pursuant to the terms of this chapter shall be served upon the owner in the manner set forth below:

Delivering within the state to the person to be served.

Delivering to a person of suitable age and discretion at the address of the affected property and mailing a copy of said order to the owner by certified mail, return receipt requested, at the last address of record according to the Town of New Windsor's Assessor's records.

Affixing to the entrance door of the affected premises and mailing a copy of said order to the owner by certified mail, return receipt requested, at the last address of record according to the Town of New Windsor's Assessor's records.

Service upon occupant or agent. In the event that the order or document is to be served upon an occupant or agent of the aforesaid, service shall be made as follows:

Delivering within the state to the person to be served.

Delivering to a person of suitable age and discretion at the address of the affected property and mailing a copy of said order or document to the lessee, occupant or agent of the aforesaid by certified mail, return receipt requested, at the address of the affected property.

Affixing to the entrance door of the affected premises and mailing a copy of said order to the lessee, occupant or agent of the aforesaid by certified mail, return receipt requested, at the address of the affected property.

In the event that a lessee, occupant or agent cannot be served by any of the aforesaid means, service of all orders and documents may be served upon the owner in the manner set forth above and service shall be deemed complete upon the lessee, occupant or agent of the aforesaid upon depositing a copy of said order in a sealed postal wrapper properly stamped and addressed to the owner at the last address of record according to the New Windsor Assessor's records. The owner shall be deemed the agent of the lessee, occupant or agent of the lessee or occupant for the purpose of receiving service of process.

In the event that a second or subsequent violation of the same law or ordinance occurs or the order to remove or remedy violation is not accomplished, the Fire Inspector or duly authorized assistants may immediately issue an appearance ticket, returnable in the Town Justice Court or any other court, without further service of an order to remove or remedy.

Any such order shall be complied with by the owner or occupant of such premises or building within the time fixed in said order. Such owner or occupant, however, may, within 48 hours, appeal from such order to the Bureau of Fire Prevention of the Town of New Windsor by filing his appeal, with the reasons therefor, with the Chairman of the Bureau of Fire Prevention. Such appeal shall stay the enforcement of the order temporarily. The Bureau of Fire Prevention shall, within 10 days after the filing of such appeal, review such order and file its decision thereon within 30 days with the Town Clerk, and unless such order is revoked or modified, it shall remain in full force and be complied with within the time fixed in the order, which time shall be construed to run from the date of filing of the decision of the Bureau to Fire Prevention with the Town Clerk; provided, however, that any such owner or occupant may, within five days after the filing of the decision of the Bureau of Fire Prevention on an appeal from such order, file his petition with a court of competent jurisdiction praying for a review of such order.

In the event that the Town prevails at the conclusion of the appeal, the party appealing shall be responsible for paying all costs of said party and Town, including reasonable attorney fees. Parties so appealing to the court shall file with said court within two days a bond in an amount to be fixed by the court, to be approved by the court, conditioned to pay all costs of appeal in case the appellant fails to sustain his appeal.

Any determination pursuant to the New York State Uniform Fire Prevention and Building Code may be appealed in a manner prescribed by the Secretary of State, pursuant to the Executive Law.

§ 142-14 Investigation of fires.

Upon request of the Fire Chief of the responsible district, the Fire Inspector and duly authorized assistants shall investigate the cause, origin and circumstances of every fire in which a person has been injured or by which property has been destroyed or damaged and, so far as possible, shall determine whether the fire is the result of carelessness or design. If it appears that such fire is of suspicious origin, the Fire Inspector or duly authorized assistants shall notify the proper authorities designated by law to pursue the investigation of such matter and shall further cooperate with the authorities in the collection of evidence, investigation of the incident and in the prosecution of the case. Every fire to be investigated shall be reported, in writing, to the Fire Inspector within two days after the occurrence of the same by the officer in whose jurisdiction the fire has occurred. Such report shall contain a statement of all facts relating to the cause, origin and circumstances of such fire, the extent of damage thereof, the insurance upon such property and such other information as may be required on blanks provided by the Fire Inspector. All fires not so reported shall be reported monthly to the Fire Inspector.

The Fire Inspector or duly authorized assistant shall have the authority to order the immediate evacuation of a building or premises substantially damaged or destroyed by fire and shall order that the premises be immediately sealed off from public access or by boarding up of openings in the structure at the expense of the owner.

The Fire Inspector or a duly authorized assistant shall have the authority to order a building closed or a section of the building or premises sealed off in the event of fire or emergency so that an investigation may be conducted in order to determine the cause of the fire or emergency.

The Fire Inspector or duly authorized assistants may request the assistance of the Bureau of Fire Prevention in order to determine cause, origin and circumstances of fire.

§ 142-15 Storage tanks.

Construction, installation and use requirements. All storage tank construction, installation and use shall comply with all requirements of this chapter, the Town Code, the New York State Uniform Fire Prevention and Building Code, and applicable National Fire Protection Association standards and codes, as well as all other applicable generally accepted standards.

Physical protection. All storage tank installations shall be situated in such a manner or provided with suitable barriers of substantial construction so as to protect the tank and related system appurtenances from damage due to contact with vehicles or other objects.

Leak detection, leak containment and alarm monitoring. All storage tank installations containing 1,100 gallons or more of Class I, II or III liquids, as well as related piping and appurtenances, shall be provided with leak detection, leak containment and alarm monitoring. In addition, the following shall be provided by the owner, at the owner's expense, when required by the office of the Fire Inspector:

Leak detection and alarm systems for any other storage tank or appurtenances.

Continuous monitoring of alarm and trouble signals by an approved alarm monitoring service or other approved facility.

Fail-safe-type shutoff devices on supply and discharge piping activated automatically during an alarm, trouble or emergency condition.

Emergency planning and facilities. As required from time to time by the office of the Fire Inspector, the following shall be provided by the owner at the owner's expense:

Additional access as may be deemed necessary to accommodate emergency vehicles.

Additional or new state of the art fire detection, fire suppression and fire protection systems.

The cost of a Town or privately developed emergency action and/or evacuation plan for the area potentially affected by an emergency at the tank facility.

Any extraordinary costs associated with emergency responses or mitigating actions. This includes but is not limited to evacuations, specialized equipment rental or charges, employment of specialists, purchases of all foam, etc., required as a result of an emergency at the tank facility.

Labeling of tanks. All storage tanks, fill piping, discharge piping and appurtenances shall be adequately labeled so that the materials contained therein are readily identifiable by emergency personnel.

§ 142-16 Sprinkler systems.

[Amended 12-5-2012 by L.L. No. 6-2012; 11-1-2023 by L.L. No. 7-2023]

All commercial occupancies 5,000 square feet or more in floor area, regardless of fire walls, including, but not limited to, assembly spaces, restaurants, office buildings, hotels, motels, manufacturing, warehouses, retail stores, etc., erected after the adoption of this chapter, shall install a fully automatic sprinkler system to the requirements of the National Fire Protection Association (NFPA), NFPA13. Standard for the Installation of Sprinkler Systems, and applicable generally accepted standards.

All residential occupancies 5,000 square feet or more in floor area, regardless of fire walls, including, but not limited to, apartment buildings and condominiums, shall install in all common areas of the building, such as hallways, stairwells, storage areas, mechanical areas, basements, etc., a sprinkler system as described in Subsection A above.

All sprinkler plans, designs and supervisions of installation shall be approved prior to the installation of the system by the office of the Fire Inspector.

The approval of the sprinkler system or for placement of standpipes or fire department connections is for the purpose of checking for the conformity with the building occupancy use and National Fire Protection Association sprinkler standards.

Any building in which the occupancy use changes shall have the sprinkler system remodeled to meet the density requirement for that occupancy.

All new and existing sprinkler systems shall be connected to an alarm company which monitors the system 24 hours daily.

§ 142-17 Mutual assistance.

The Fire Inspector and duly authorized assistants may render assistance to neighboring communities for the investigation of fires and other emergency conditions, provided that the mutual assistance is reciprocal.

§ 142-18 Extraordinary expenses and services.

In the event that it becomes necessary for any of the emergency services or officials of the Town of New Windsor to require any specialized equipment, material, personnel or any other extraordinary expenses or service, it shall be the responsibility of the person, persons, firm, property owner, transporter, business entity or any other corporation to pay in full any such extraordinary expenses.

§ 142-19 (Reserved) [1]