[Adopted 11-11-1988 by L.L. No. 27-1988]
With the adoption of the New York State Uniform Fire Prevention and Building Code on January 1, 1984, municipalities, more than earlier, became aware of the role and benefits of governmental monitoring and enforcement of fire prevention standards. During the last four years, the Village has attempted to pay particular attention on a local level to fire prevention as it relates to all types of structures, commercial, residential and mixed. With the adoption of this proposed Local Fire Code, the intention of the Trustees is to supplement existing regulations and laws toward the implementation and enforcement of further lifesaving measures.
A. 
The provisions of this code shall apply to all buildings, structures, vehicles, marina vessels, premises and conditions within the Village, including existing and new buildings, structures, vehicles, marine vessels, premises and conditions, except that existing buildings and structures not in compliance with this article may be permitted to continue unless said buildings or structures constitute a fire hazard to life or property.
B. 
The provisions of this article shall be construed, wherever substantially the same as existing provisions of law relating to the same subject, as restatements and not as new enactments.
C. 
This article it to be used in supplement of existing laws, and nothing herein shall be construed as rendering existing laws invalid or inapplicable. Wherever a conflict exists between a provision herein and any existing law, the existing law shall prevail except where this article imposes a more stringent requirement or a higher standard, in which event this article shall prevail.
Whenever a local ordinance inspector employed to monitor and implement the provisions of this article shall render a determination to the owner or occupant of a building, structure, vehicle, marine vessel, premises or condition with which said owner or occupant shall differ in the interpretation of this article by said local ordinance inspector, said owner or occupant shall have a right to appeal said interpretation and determination to the Board of Trustees of the Village of Westhampton Beach. Said appeal shall be made within 10 days after any said determination is made by the local ordinance inspector. The Board of Trustees shall hear said appeal within 45 days after application is made in writing by the owner or occupant. No such appeal shall be taken if the subject matter of said appeal is properly a matter that should be presented to the State Uniform Code Board of Review maintained by the Department of State of the State of New York under Article 18 of the New York Executive Law. Pending a determination by the Board of Trustees on any said appeal, the order of the local ordinance inspector shall not be deemed stayed. The Board of Trustees' sole function as a board of review shall be to render a determination sustaining or not sustaining the interpretation determination of the local ordinance inspector, and any said determination shall be made within 30 days of the termination of any hearing on any said application and shall be made in writing.
Adoption of this article shall not subject the Village of Westhampton Beach nor any official, employee, independent contractor or consultant to the Village of Westhampton Beach to any civil or other liability for damages to persons or property by reason of the inspection or reinspection of buildings, structures, marine vessels, premises and conditions or failure to inspect or reinspect the same, or the issuance of permits hereunder, or approvals or disapprovals hereunder, or any other act or omission hereunder.
[Amended 6-14-1991 by L.L. No. 4-1991]
A. 
As used in this article, the following terms shall have the meanings indicated:
ALTERNATIVE
A system, condition, arrangement, material or equipment submitted to the Fire Marshal as a substitute for a Local Fire Code requirement.
APPROVED
Acceptable to the Fire Marshal by reason of test, listing or approval by a nationally recognized testing agency.
BUREAU OF FIRE PREVENTION
The Bureau of Fire Prevention of the Incorporated Village of Westhampton Beach.
COMBUSTIBLE
Material or a combination of materials which will burn, ignite, support combustion or liberate flammable vapor or gas.
EXISTING CONDITION
Any situation, circumstance or process that was ongoing or in effect prior to the adoption of this article.
FIRE HAZARD
Any situation, process, material or condition that, on the basis of applicable data, may cause a fire or explosion or provide a ready fuel supply to augment the spread or intensity of the fire or explosion and that poses a threat to life or property.
FIRE MARSHAL
The individual designated as the administrative head of the Bureau of Fire Prevention. For purposes of enforcement of this Local Fire Code and/or the New York State Uniform Fire Prevention and Building Code, this term shall also apply to any person designated as a representative of the Fire Marshal by the Incorporated Village of Westhampton Beach.
FIRE PROTECTION EQUIPMENT AND/OR SYSTEMS
Includes apparatus, assemblies or systems, or components thereof, either portable or fixed, used to prevent, detect, control or extinguish fire or fire hazards.
FIREWORKS DISPLAY
The use of fireworks (as defined in NFPA 1124, 1988 Edition, Section 1-4) to provide audio and/or visual entertainment.
HAZARDOUS MATERIALS
Materials not otherwise covered in this Local Fire Code which are highly flammable or which may react to cause fires or explosions or which by their presence create or augment a fire or explosion hazard or which by their toxicity, flammability or liability to explosion render firefighting abnormally dangerous or difficult; also flammable or combustible liquids which are chemically unstable and which may spontaneously form explosive compounds or undergo spontaneous reactions of explosive violence or with sufficient evolution of heat to be a fire hazard. Hazardous chemicals shall include such materials as flammable solids, corrosive liquids, radioactive materials, oxidizing materials, potentially explosive chemicals, toxic materials and poisonous gases.
LISTED
Equipment or materials included in a list published by an organization acceptable to the Fire Marshal and concerned with product evaluation, that maintains periodic inspection of production of listed equipment or materials and whose listing states either that the equipment or material meets appropriate standards or has been tested and found suitable for use in a specific manner.
NOTICE OF VIOLATION
A written statement that gives an order, information or warning.
PLACE OF ASSEMBLY
Includes a building or other structure or portion of a building or other structure used for gathering together 50 or more persons for amusement, athletic, civic, dining, educational, entertainment, patriotic, political, recreational, religious, social or similar purposes, the entire fire area of which it is a part, and the means of egress therefrom.
SMOKING
Lighting, igniting, holding or possessing any lighted cigar, cigarette or pipe, or carrying, throwing or depositing any lighted or smoldering cigar, cigarette or pipe.
B. 
"Shall" indicates a mandatory requirement.
[Added 6-14-1991 by L.L. No. 14-1991]
A. 
Administration.
(1) 
There is hereby designated the Bureau of Fire Prevention to administer and enforce the Local Fire Code, as well as primarily those portions of the New York State Uniform Fire Prevention and Building Code addressing fire safety.
(2) 
There is hereby designated a Fire Marshal who shall supervise and operate the Bureau of Fire Prevention. There may be appointed Assistant Fire Marshals as necessary to assist the Fire Marshal in the duties of the Bureau of Fire Prevention.
(3) 
The Fire Marshal and any Assistant Fire Marshals shall have the power and authority to issue notices of violation, appearance tickets and other accusatory instruments relative to the administration and enforcement of the Local Fire Code and the New York State Uniform Fire Prevention and Building Code. In addition, upon the request of the Building Inspector of the Incorporated Village of Westhampton Beach or the Mayor thereof, they may enforce or administer other specific sections of the Code of the Village of Westhampton Beach or on behalf of any other department or entity of the Village, in which case the Fire Marshal or Assistant Fire Marshals shall have the power and authority to issue notices of violation, appearance tickets and other accusatory instruments on those sections.
(4) 
The Fire Marshal shall further be responsible for the issuance of permits, certificates, notices and approvals or orders pertaining to fire control and fire hazards.
B. 
Investigation.
(1) 
The Fire Marshal shall have the authority to investigate the cause, origin and circumstance of any fire involving a loss of life, injuries to persons or destruction or damage to property when requested to do so by the Fire Chief or Police Chief or their designee within the Incorporated Village of Westhampton Beach.
(2) 
The Fire Marshal shall have the authority to investigate any fire hazard within the Incorporated Village of Westhampton Beach.
C. 
Records. The Fire Marshal shall keep a record of all fire prevention inspections, including the date of such inspections and a summary of any violations found to exist, the date of the services of notices and a memorandum of the final disposition of all violations.
D. 
Inspections. The Fire Marshal shall inspect or cause to be inspected all premises other than a one or two-family dwelling on a periodic basis.
A. 
All persons, corporations or other entities owning or operating businesses in the Village of Westhampton Beach and their landlords shall file a certificate of business registration with the Fire Marshal on such form as he shall prescribe.
B. 
A new certificate of business registration shall be filed with the Fire Marshal whenever any of the following situations occur:
(1) 
There is a change in the ownership of the business being conducted.
(2) 
There is a change in the type of business or the information contained on such registration form no longer reflects an accurate inventory of hazardous chemicals stored or utilized on or about the subject premises.
C. 
The filing of an amended certificate of business registration shall be the obligation of the owner(s) of such businesses and their landlords.
A. 
This section adopts the following standards and codes of the National Fire Protection Association as published in the National Fire Codes of the National Fire Protection Association and listed in Subsection B of this section and being particularly the issue as listed in Subsection B of this section. The same are hereby adopted and incorporated as if fully set out at length herein. Not less than two copies of the adopted issue of the National Fire Code of the National Fire Prevention Association and the adoption standards and codes shall be filed with the Village Clerk of the Village of Westhampton Beach. The provisions thereof shall be controlling within the Village of Westhampton Beach except those portions that are hereinafter deleted, modified or amended.
B. 
The following standards and codes are hereby adopted:
[Amended 6-14-1991 by L.L. No. 14-1991]
NFiPA No.
Date of Issue
70
National Electric Code
1990
70E
Electrical Safety Requirements for Employee Workplaces
1988
77
Static Electricity
1988
79
Electrical Standard for Industrial Machinery
1987
101
Safety to Life from Fire in Buildings and Structures
1988
102
Assembly Seating, Tents and Membrane Structures
1986
Flammable and Combustible Liquids
30
Flammable and Combustible Liquids Code
1990
30A
Automotive and Marine Service Station Code
1990
30B
Aerosol Products, Manufacture and Storage
1990
385
Tank Vehicles for Flammable and Combustible Liquids
1990
Compressed and Liquified Gases
58
Standard for the Storage and Handling of Liquified Petroleum Gases
1989
Hazardous Materials and Processes
33
Spray Application Using Flammable and Combustible Materials
1989
43A
Code for the Storage of Liquid and Solid Oxidizers
1990
43B
Storage of Organic Peroxide Formulations
1986
43C
Storage of Gaseous Oxidizing Materials
1986
43D
Storage of Pesticides in Portable Containers
1986
45
Fire Protection for Laboratories using Chemicals
1986
54
National Fuel Gas Code
1988
Transportation
88B
Standard for Repair Garages
1985
Fire Extinguishing Systems
12
Standard on Carbon Dioxide Extinguishing Systems
1989
12A
Standard on 1301 Fire Extinguishing Systems
1989
13
Standard for the Installation of Sprinkler Systems
1989
13A
Inspection, Testing and Maintenance of Sprinkler Systems
1987
17
Standard for Dry Chemical Extinguishing Systems
1990
17A
Standard for Wet Chemical Extinguishing Systems
1990
Portable Fire Extinguishers
10
Standard for Portable Fire Extinguishers
1990
Fire Warning Systems
71
Installation, Maintenance and Use of Signaling Systems for Central Station Service
1989
72
Installation, Maintenance and Use of Protective Signaling Systems
1990
72E
Automatic Fire Detectors
1990
72G
Installation, Maintenance and Use of Notification
1989
Appliances for Protective Signaling Systems
72H
Testing Procedures for Local, Auxiliary, Remote Station and Proprietary Protective Signaling Systems
1988
74
Installation, Maintenance and Use of Household Fire Warning Equipment
1989
Building Construction and Facilities
31
Installation of Oil Burning Equipment
1987
79
Electrical Standard for Industrial Machinery
1979
86
Ovens and Furnaces - Design, Location and Equipment
1990
90A
Standard for the Installation of Air Condiditioning and Ventilating Systems
1989
90B
Standard for the Installation of Warm Air Heating and Air Conditioning Systems
1989
91
Standard for the Installation of Blower and Exhaust Systems for Dust, Stock, Vapor Removal or Conveying
  1990
96
Installation of Equipment for the Removal of Smoke and Grease-Laden Vapors From Commercial Cooking Equipment
1991
211
Standard for Chimneys, Fireplaces, Vents and Solid Fuel Burning Appliances
1988
231D
Standard for the Storage of Rubber Tires
1989
Fireworks
1123
Outdoor Display of Fireworks
1990
Marinas and Boatyards
303
Fire Protection Standards for Marinas and Boatyards
1990
A. 
A permit shall constitute permission from the Village of Westhampton Beach to manufacture, maintain, store or otherwise utilize hazardous materials as defined by § 70-39 hereinabove, or to utilize, install or conduct processes or operations which are or may be hazardous to life or property, or to install or operate such equipment as may be used in such activities. Such permit shall not replace or supersede any other license or permit required by any other law.
B. 
Permits shall not be transferable nor assignable, and any change in activity, operation, location or ownership shall require a new permit.
C. 
Permits shall specify the following information:
(1) 
The activity or operation for which the permit was issued.
(2) 
The address where such activity or operation is to be conducted.
(3) 
The name and address of the permittee.
(4) 
The permit number and date of issuance.
(5) 
The period of permit validity.
D. 
Permits shall continue for the period of time designated at issuance, unless revoked for good cause.
E. 
Before any permit may be issued, the Fire Marshal shall inspect and approve the structure, equipment, vehicle and property and such firesafety equipment as the Fire Marshal may require for life safety or property protection.
F. 
Where the approval of any other governmental agency is required, the permit shall not be issued until satisfactory documentation of such approval has been submitted by the applicant.
G. 
Applications for a permit required by this article shall on such forms as the Fire Marshal shall prescribe and shall be accompanied by such plans as may be required.
H. 
Permits shall at all times be kept on the premises designated by such permit subject to inspection by the Fire Marshal, Assistant Fire Marshal or police officer of the Village of Westhampton Beach.
I. 
When more than one permit is required for the same premises or property, a single permit may be issued listing or covering all materials and operations.
J. 
A permit may be suspended or revoked by the Fire Marshal when it is determined that there is a violation of a condition under which the permit was issued or that there has been a misrepresentation or falsification of material facts in connection with the permit application or a condition of the permit.
K. 
Permits shall be obtained for the following:
(1) 
Places of assembly, as defined by § 70-39 hereinabove.
(2) 
Flammable and combustible liquids:
(a) 
To store, handle or use flammable liquids in excess of five gallons inside dwellings; in excess of 10 gallons inside any other building or other occupancy; or in excess of 60 gallons outside any building. This provision shall not apply to liquids in the tank of a motor vehicle, aircraft, portable or stationary engine, boat or portable heating plant; or to paints, oil, varnishes or similar flammable liquids when such liquids are stored for sale, painting, maintenance or similar purposes.
(b) 
To store, handle or use combustible liquids in excess of 25 gallons inside a building or in excess of 60 gallons outside a building. This provision shall not apply to fuel oil used in connection with oil-burning equipment.
(3) 
Flammable finishing: for spraying, coating or dipping operations that utilize flammable or combustible liquids.
(4) 
Hazardous chemicals.
[Amended 6-14-1991 by L.L. No. 14-1991]
(a) 
To store, handle or use the materials and quantities as listed hereinbelow and as defined in § 70-39 hereinabove.
Materials
Quantities
Explosive/blasting agents
Any amount
Poison gas
Any amount
Poison/irritant
Any amount
Flammable liquid1
Over 55 gallons
Flammable gas2
Over 1,000 cubic feet
Flammable solid
Any amount
Nonflammable gas
Over 6,000 cubic feet
Oxidizer
Over 25 pounds per 5 gallons
Organic peroxide
Any amount
Radioactive material
Any amount
Corrosive material
Over 25 pounds per 5 gallons
Dangerous when wet material
Any amount
Etiological material
Any amount
Toxic material
Any amount
(b) 
Liquified petroleum gas: For each installation of liquified petroleum gas employing a container or total of interconnected containers of 500 gallons or more water capacity.
(5) 
Repair garages: to operate a repair garage.
[Amended 6-14-1991 by L.L. No. 14-1991]
(6) 
Fire protection equipment and/or systems: to install or alter any fire protection system.
[Amended 6-14-1991 by L.L. No. 14-1991]
(7) 
Installation and inspection of solid fuel burning appliances, chimneys and flues. Inspection of installation and issuance of certificate of compliance may be accomplished by the Fire Marshal, Building Inspector or the Zoning/Ordinance Inspector.
[Added 6-14-1991 by L.L. No. 14-1991]
(8) 
Dry cleaning plant: to operate a dry cleaning plant with dry cleaning equipment on premises.
[Added 6-14-1991 by L.L. No. 14-1991]
(9) 
To erect or alter other than a one- or two-family dwelling.
[Added 6-14-1991 by L.L. No. 14-1991]
(10) 
Fireworks display: as defined.
[Added 6-14-1991 by L.L. No. 14-1991]
L. 
Permit fees.
(1) 
Places of assembly.
(a) 
Maximum occupancy 100 persons: $50.
(b) 
Maximum occupancy over 100 persons: $250.
(2) 
Flammable and combustible liquids: $50.
(3) 
Flammable finishing: $25.
(4) 
Hazardous chemicals: $100.
(5) 
Service stations/repair garages: $25.
(6) 
Fire protection/detection/alarm systems: $25.
M. 
Upon filing of the required application, inspection and approval of the Fire Marshal and payment of the required fee, permits required herein shall be issued by and bear the signature of the Fire Marshal except where others are specifically authorized to do so.
[Amended 6-14-1991 by L.L. No. 14-1991]
N. 
All such permits as herein required, with the exception of Fire Protection Equipment/System permits, shall be valid for a period of one year and shall be renewed yearly upon application therefor, payment of the required fee herein and inspection and approval of the Fire Marshal, save where otherwise excepted.
[Amended 6-14-1991 by L.L. No. 14-1991]
O. 
Exceptions. Permits required for installation of fire protection systems, solid fuel burning appliances, installation of liquified petroleum gas containers and fireworks displays shall be valid for a period of time indicated thereon. Renewal is not required upon issuance of the certificate of compliance by the Fire Marshal or designated inspector. In the case of fireworks display permit, upon completion of the display, the permit expires.
[Added 6-14-1991 by L.L. No. 14-1991]
P. 
Permit fees.
[Added 6-14-1991 by L.L. No. 14-1991]
(1) 
Place of assembly.
(a) 
Maximum occupancy of 100 persons: $100.
(b) 
Maximum occupancy over 100 persons: $350.
(2) 
Flammable and combustible liquids.
(a) 
One thousand gallons or less of bulk storage: $100.
(b) 
Over 1,000 gallons of bulk storage: $250.
(c) 
Any quantity in five gallons or less capacity closed containers for resale to the public: $25.
(3) 
Flammable finishing: $100.
(4) 
Hazardous chemicals: $250.
(5) 
Liquified petroleum gas installations.
(a) 
Aboveground: $25.
(b) 
Underground: $75.
(c) 
Any one- or two-family residential installation: no fee.
(6) 
Repair garages: $50.
(7) 
Fire protection equipment and/or system installation.
(a) 
Extinguishing systems: $100.
(b) 
Fire alarm detection systems: $50.
(c) 
Vapor/gas detection system: $50.
(d) 
Standpipe system: $50.
(8) 
Installation and inspection of solid fuel burning appliances: $35.
(9) 
Dry cleaning plant: $25.
(10) 
Structure construction or alteration.
(a) 
Under 5,000 square feet: $25.
(b) 
Over 5,000 square feet: $50.
(11) 
Fireworks display: $250.
(12) 
Installation/alteration of cooking vapor removal systems.
(a) 
New installation: $100.
(b) 
Alteration: $50.
No building or structure, except one-family dwellings, shall be erected or altered until the plans therefor have been approved in writing by the Fire Marshal unless such construction or alteration has been exempted from this requirement.
All buildings or structures, or any portion thereof, occupied or used by persons for whom sleeping accommodations are provided therein shall be protected by an approved automatic smoke-detection system or device located in or adjacent to all sleeping quarters. The Fire Marshal shall specify the extent of required protection.
Every fire sprinkler system, special sprinkler installation, fire alarm system, smoke- and/or heat-detection system and fire-extinguishing system using a chemical extinguishing agent shall be inspected and tested at least once a year in such a manner as to determine the reliability of such system or installation. A report of this inspection and testing shall be made on the form specified by the Fire Marshal, and such form shall be submitted to the Fire Marshal.
[Amended 6-14-1991 by L.L. No. 14-1991]
A. 
All required exits and designated exits and the means of egress thereto shall be maintained free of obstructions whenever the premises is occupied.
B. 
All doors in a required exit or designated exit and the means of egress thereto shall be maintained unlocked from the direction of exit travel whenever the premises is occupied.
C. 
All fire alarm systems, sprinkler systems or other special extinguishing systems shall be maintained in full, proper operative condition at all times a place of assembly or portion thereof is occupied.
D. 
All existing places of assembly shall be protected throughout by an approved fire and smoke detection system. Exception: Existing places of assembly protected throughout by an approved automatic sprinkler system capable of and equipped to sound an automatic audible alarm throughout the protected premises. Such audible alarm system shall be provided with an approved emergency power source.
E. 
The maximum occupancy as established by the Fire Marshal shall not be exceeded. The owner, manager or person in charge of a place of assembly shall be responsible for maintaining the number of occupants equal to or below the limits established by the Fire Marshal.
F. 
In places of assembly where the maximum occupancy established by the Fire Marshal is over 100 persons, mechanical or electronic counting devices shall be utilized by the management, owner or person in charge to maintain the required occupancy limits. The management shall produce this device or devices, as well as the total number of occupants present when such place of assembly is operating upon the request of the Fire Marshal or any police officer of the Incorporated Village of Westhampton Beach. Other methods meeting the intent of this section may be approved by the Fire Marshal on an individual basis.
No person or other entity shall deliberately, or through carelessness or negligence, cause the spill, discharge, breakage or leak of any hazardous materials or flammable or combustible liquids in such a manner to endanger the safety of any person or property.
A. 
For each and every violation of any provision of this article, which shall include the failure, refusal or neglect to comply with an order issued by a local ordinance inspector or Fire Marshal, the owner, occupant, general agent, contractor, agent or person in charge of a building, structure, vehicle, marine vessel, premises or condition or part thereof, where said failure, refusal or neglect has been committed or shall exist, and any other person or entity who commits, takes part in or assists in any such violation, or who maintains any said building, structure, vehicle, marine vessel, premises and condition in which said violation shall exist, shall be guilty of an offense and, upon conviction thereof, be punishable by a fine not to exceed $350 and/or imprisonment for a period not to exceed 15 days. A separate offense shall be deemed committed upon each day during or on which a violation occurs or continues.
[Amended 6-14-1991 by L.L. No. 14-1991]
B. 
In addition, any appropriate action or proceeding may be instituted to enjoin any unlawful act or omission under § 20-2006(1)(a) of the Village Law.
[Added 6-14-1991 by L.L. No. 14-1991]
If any section, subsection, subdivision, paragraph, sentence, phrase, word or portion of this article is for any reason held invalid by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holdings shall not affect the validity of the remaining portions or provisions of this article.