[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.]
GENERAL REFERENCES
Alarm systems — See Ch. 36.
Numbering of buildings — See Ch. 49.
Unsafe buildings — See Ch. 50.
Explosives — See Ch. 65.
ATTACHMENTS
Attachment 1 - Table I
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:
(1) 
A fine not to exceed one thousand dollars per day, or imprisonment not exceeding one year, or both.
(2) 
A sentence to pay a fine which is imposed on a corporation for an offense defined in this chapter shall be in conformity with § 80.10 of the Penal Law of the State of New York.
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:
(1) 
Red: siamese supplying a standpipe (fire hose) system.
(2) 
Green: siamese supplying a sprinkler system.
(3) 
Yellow: siamese supplying a combination standpipe and sprinkler system.
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.
J. 
A red name plate with one-inch white letters shall be located below the visual/audio signal with the following information:
(1) 
Name of the alarm company.
(2) 
Telephone number of the alarm company.
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. 
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.
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.