Village of Village of The Branch, NY
Suffolk County
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Table of Contents
Table of Contents
GENERAL REFERENCES

Building and zoning administration — See Ch. 31.

Building construction — See Ch. 32.

Firearms, fireworks and explosives — See Ch. 42.

Property maintenance — See Ch. 62.

§ 43-1
Definitions. 

§ 43-2
Inspections: right of entry; abatement of violations. 

§ 43-3
Public assembly. 

§ 43-1 Definitions.

For the purposes of this chapter, the following words and phrases shall have the meanings ascribed to them as follows:

FIRE HAZARD
The existence of any of the following:
A. 

Dangerous or unlawful amounts of combustible or explosive or otherwise hazardous materials.

B. 

Dangerous accumulations of rubbish, wastepaper, boxes, shavings or other highly flammable materials.

C. 

Accumulations of dust or waste material in air-conditioning or ventilating systems or of grease in kitchen or other exhaust ducts.

D. 

Obstructions to or on fire escapes, stairs, passageways, floors or windows, liable to interfere with the operations of the Fire Department or egress of occupants in case of fire.

E. 

Any building or other structure which, for want of repairs, lack of adequate 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.

§ 43-2 Inspections: right of entry; abatement of violations.

A. 

The Fire Inspector shall have the right to enter any building or premises at all reasonable hours for the purpose of making such inspections or investigations as are deemed necessary to ensure compliance with the provisions of this chapter, except that no inspection or investigation shall be made of any private residence when the occupant thereof denies entry thereto, unless reasonable evidence exists of possible hazardous conditions therein, and then only if approved by the Board of Trustees and he is accompanied by a police officer of the Village or he has obtained a search warrant to do so.

B. 

The Fire Inspector, upon finding fire hazards in or upon any premises, shall make a full report thereof, in writing, to the Village Clerk, except that when the Fire Inspector deems time to be of the essence, he may order immediate abatement or corrections necessary to eliminate such hazards and forthwith report such action to the Clerk.

C. 

The Board of Trustees hereby declares that any fire hazard or violation of or noncompliance with this chapter constitutes a nuisance. The Mayor is hereby authorized to order notice to be served on the violator to abate same or otherwise effect compliance within seven days after issuance of such notice. In the event of noncompliance within the time stated, the Village may enter the premises and remove same or otherwise effect compliance. The cost thereof, together with any additional payment authorized by law, may be collected by the Village from such violator in the manner provided by law.

Editor's Note: For additional provisions concerning unsafe buildings and their abatement, see Ch. 31, Building and Zoning Administration, § 31-22.
This subsection shall in no way abrogate or impair the power of the Fire Inspector to order immediate corrective measures as set forth in § 43-2B above.

D. 

Inspection fees.

[Added 11-13-1990 by L.L. No. 4-1990; amended 3-9-2004 by L.L. No. 1-2004]

(1) 

The Village of the Branch shall have a right to charge any nonresidential establishments within the Village for the services performed in the following fire inspections:

(a) 

Commercial and retail establishments in excess of 10,000 square feet.

(b) 

Commercial and retail establishments using or selling flammable materials or with a cooking area or bar area.

(c) 

All other commercial and retail establishments.

(d) 

Fee for reinspection, should the same be necessary.

(e) 

Fee for the inspection of any and all plans for commercial and retail establishments to assure compliance with the applicable fire code.

(2) 

The Village of the Branch shall have a right to charge any offices and nonresidential establishments within the Village for services performed in fire inspections and for reinspections.

(3) 

In the event that fire inspections occur simultaneous with public occupancy inspections, only the fire inspection fees shall be payable by each establishment.

§ 43-3 Public assembly.

[Added 11-11-1980 by L.L. No. 5-1980]
A. 

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

PLACE OF ASSEMBLY
A room or space used or that may be used for assembly or educational occupancy for 50 or more occupants or which has a floor area of 500 square feet or more used for such purposes. Such room or space shall include any similarly occupied connecting room or space in the same story, or in a story or stories above or below, where entrance is common to the rooms or spaces.
B. 

Permit required. No place of assembly, as defined in Subsection A of this section, shall be maintained, operated or used as such without a permit, except that no permit shall be required for any place of assembly used solely as a place of religious worship. Annual fees for permits to operate places of public assembly shall be required.

[Amended 3-9-2004 by L.L. No. 1-2004]

C. 

Number of persons limited to occupy places of assembly. The number of persons permitted to occupy a place of assembly shall be approved by the Village Fire Inspector. The maximum number of persons permitted shall be limited to the numbers and formula contained in the New York State Building Code presently listed on Table C212-8a.

D. 

Capacity of premises to be posted conspicuously.

(1) 

In every room or in any portion of a premises or building which is used as a place of assembly, there shall be signs 20 inches in height by 24 inches in width. The lettering thereon indicating the lawful occupancy shall be of bold gothic type, in red on a background of white, shall be not less than two inches in height, and the numerals shall be properly spaced to provide good visibility. Such sign shall be of the following dimensions, appearance and wording: width 24 inches, height, 20 inches.

OCCUPANCY BY MORE THAN ______ PERSONS IS DANGEROUS AND UNLAWFUL ____________________ Fire Inspector
Bureau of Fire Prevention Village of the Branch
(2) 

Signs shall be obtained at the office of the Village Fire Inspector.

(3) 

The signs shall be illuminated, shall be durable and shall be substantially secured to wall or partition.

(4) 

Signs shall be located at all entrances to such space or room so as to be conspicuously visible to a person entering such space or room.

E. 

Lighting systems. All places of public assembly when in use shall be so illuminated that every person present may be plainly seen from any point in the place of assembly. When required, artificial light shall be provided through electrical circuits and shall be maintained in continuous operation.

F. 

Enforcement. The Village Fire Inspectors are the enforcing agency for limiting the occupancy.

G. 

Effective date. This section shall take effect immediately; however, all existing places of public assembly shall have until January 1, 1981, to comply with this section.