[HISTORY: Adopted by the Board of Trustees
of the Village of Woodbury as indicated in article histories. Amendments
noted where applicable.]
[Adopted 8-12-2008 by L.L. No. 6-2008]
The Village Board of the Village of Woodbury
hereby accepts the applicability of the New York State Uniform Fire
Prevention and Building Code for the Village of Woodbury, to become
effective immediately in accordance with the provisions of Article
18 of the Executive Law.
A.
All owners and lessees of commercial and nonresidential structures or buildings, as well as those properties specifically identified in Subsections A(1) through (6) below, located within the Village of Woodbury, shall install or cause to be installed and maintained a Knox-Box® (or such other similar
device as authorized by the Village which for purposes of this section
shall be referred to as a "Knox-Box®") in such locations or locations as determined by the Village Fire
Marshal. Where access to or within a particular commercial/public
building or structure or to a particular area within a commercial/public
building or structure is restricted because of secured openings or
where immediate access is deemed necessary by the Fire Marshal for
lifesaving or firefighting purposes, the Fire Marshal is authorized
to require a Knox-Box® to be installed
on such premises at a location approved by a representative of the
Woodbury Fire Department. The Knox-Box® shall be an approved type listed in accordance with Underwriters
Laboratories (UL) 1037 and shall contain keys to gain necessary access
to the subject premises as required by the Fire Marshal.
(1)
Any new commercial construction.
(2)
Any new commercial tenant fit-out.
(3)
Any new building greater than three stories, as defined by the
New York State Building Code.
(4)
Any new multifamily dwelling, with the exception of dwelling units for additional family members having received a temporary special permit from the Zoning Board of Appeals in accordance with Village Code § 310-35.
(5)
Any commercial building having more than two false automatic
fire alarms within any 365-day period.
(6)
At the request of the Building Department, Fire Marshal or Chief
of the Woodbury Fire Department based on a particularized need to
access a building for safety purposes.
(7)
Upon application for a building permit to modify an existing commercial building, existing building greater than three stories, or existing multifamily dwelling, with the exception of dwelling units for additional family members having received a temporary special permit from the Zoning Board of Appeals in accordance with Village Code § 310-35.
B.
Locks. An approved lock shall be installed on gates or similar barriers
that would prevent immediate access to the Knox-Box® where required by the Fire Marshal.
C.
Elevator keys. A Knox-Box® provided
for nonstandardized fire service elevator keys shall comply with the
New York State Uniform Fire Prevention and Building Code, as amended
from time to time.
D.
Keys to the Knox-Box®. All key-box
cylinders to gain access to the Knox-Box® shall be keyed to conform with the key registered to the Woodbury
Fire Department. The key shall not be freely duplicated.
E.
Maintenance. It shall be the responsibility of the property owner
and lessee, or the owner's/lessee's representative, to maintain
any Knox-Box® in good, operable condition
and to ensure the keys contained therein are compatible with existing
door locks on the premises.
F.
Buildings one story in height will require one set of building keys
within the Knox-Box®. Buildings two
to four stories in height will required two sets of building keys
within the Knox-Box®. Buildings five
or more stories will require at least four sets of building keys within
the Knox-Box®. More key sets may be
required by the Building Department, Fire Marshal or Chief of the
Woodbury Fire Department in their sole discretion. Large facilities
may require multiple Knox-Boxes® at
strategic locations as required by the Building Department, Fire Marshal
or Chief of the Woodbury Fire Department. ("Story" shall have the
meaning set forth in the New York State Building Code.)
G.
Buildings equipped with a central station monitored automatic fire
alarm system shall be required to wire the Knox-Box® into said system that will trigger a tamper alarm when the box is
opened.
H.
Building keys to be located within the Knox-Box® shall include a master or primary key(s), fire alarm panel, pull
station, electrical panels, elevator fire service keys, sprinkler
rooms, fire pump rooms, electrical rooms, water meter rooms, or as
requested by the Code Enforcement Officers, Fire Marshal or Chief
of the Woodbury Fire Department.
I.
All locations of Knox-Boxes® shall
be reviewed and approved by a representative from the Woodbury Fire
Department prior to installation of the Knox-Box®. Failure to properly locate the Knox-Box® may result in its relocation. Generally, Knox-Box® installation locations will be at or near the recognized public
or designated Fire Department entrance that leads to the fire annunciator
panel. Knox-Boxes® shall be positioned
at a height of approximately five feet above the finished grade, measured
to the center line of the box. Alternate installation heights will
be evaluated and approved by the above-noted Village officials on
a case-by-case basis. The installation location shall be located away
from displays, signs, fixtures or structural protrusions that may
restrict access to the box.
J.
If a Knox-Box® is required by this
law and is not provided, no certificate of occupancy shall be issued
for the occupancy until said Knox-Box® is provided. If there is an existing certificate of occupancy it
may be rescinded until said Knox-Box® is provided.
K.
Each building key within the Knox-Box® shall be clearly labeled as to its use by engraving or by affixing
durable plastic or metal tag(s). Labels must be engraved or laminated.
At no time shall handwritten labels be acceptable.
L.
Knox-Boxes® shall be inspected yearly
by the Building Department for compliance or at any time that the
Fire Marshal or Chief of the Woodbury Fire Department require. Failure
to comply with inspection or with any provision of this § 154-4.1
shall result in the issuance of a fine of no more than $1,000 per
day until compliance is met.
M.
If a Knox-Box® is required by this
law and is not provided, or the building keys within the Knox-Box® do not provide the required access, the Fire
Department shall be held harmless to any damage required to gain access
to the premises that is considered customary and reasonable consistent
with Fire Department accepted forcible entry practices.
Pursuant to Article 18 of the Executive Law,
the Village Board of the Village of Woodbury, Orange County, New York,
accepts the applicability of the New York State Uniform Fire Prevention
and Building Code to become effective immediately for the purpose
of establishing reasonable rules and regulations to safeguard life
and property from the hazards of fire, explosion or release of toxic
gases arising from the storage, handling or use of hazardous substances,
materials or devices.
There is hereby established the position of
Fire Marshal of the Village of Woodbury to administer and enforce
the New York State Uniform Fire Prevention and Building Code. The
Fire Marshal shall be appointed by the Village Board and shall be
considered a member of the Woodbury Building Department. In the alternative,
the Village Board may enter into an agreement with an independent
contractor for the administration and enforcement of this article
and the New York State Uniform Fire Prevention and Building Code.
A.
The Village Board may adopt rules and regulations
for the administration and enforcement of the New York State Uniform
Fire Prevention and Building Code upon the recommendation of the Fire
Council. Such rules and regulations shall not conflict with the New
York State Uniform Fire Prevention and Building Code, this article
or any other provision of law.
B.
The Village Board shall publish all rules and regulations
at least 10 days prior to the effective date thereof in the Village's
official newspaper.
A.
Upon payment of the fee as prescribed in the schedule
of fees adopted by the Village Board,[1] permits shall be issued by and bear the name and signature
of the Fire Marshal and shall contain the following information:
B.
Permits shall not be transferable, and any change
in activity, operation, location, ownership or use shall require a
new permit.
C.
Permits shall continue for a period of one year from
the date of issuance. An extension of the permit time period may be
granted, provided that a satisfactory reason can be shown for failure
to start or complete the work or activity authorized within the required
time period.
D.
Permits shall be obtained for the following:
(1)
Acetylene generators: to operate an acetylene generator
having a calcium carbide capacity exceeding five pounds.
(2)
Automobile tire rebuilding plants: to operate an automobile
tire rebuilding plant.
(3)
Automobile wrecking yards: to operate an automobile
wrecking yard.
(4)
Bowling establishments: for bowling pin refinishing
and bowling lane resurfacing operations involving the use and application
of flammable or combustible liquids or material.
(5)
Cellulose nitrate motion-picture film: to store, keep
or have on hand more than 25 pounds of cellulose nitrate motion-picture
film.
(6)
Cellulose nitrate plastics (pyroxylin):
(7)
Combustible fibers: to store, handle or use combustible
fibers in quantities in excess of 100 cubic feet, except agricultural
products on a farm.
(8)
Combustible materials: to store combustible materials,
including but not limited to empty combustible packing cases, boxes,
barrels or similar containers, rubber tires, baled cotton, rubber,
cork or other similar materials in excess of 2,500 cubic feet gross
volume, on any premises.
(10)
Cryogenics: to store, handle or use cryogenic
fluids, except cryogenics used as motor fuel and stored in motor vehicle
tanks, as follows:
(11)
Dry-cleaning plants: to use in excess of four
gallons of solvents or cleaning agents classified as flammable or
combustible.
(12)
Dust-producing plants: to operate any grain
elevator, flour, starch or feed mill, woodworking plant or plant pulverizing
aluminum, coal, cocoa, plastics, magnesium, spices, sugar, sulfur
or other materials producing explosive-potential dust.
(14)
Flammable and combustible liquids:
(a)
To store, handle or use flammable liquids in
excess of 6 1/2 gallons inside dwellings or in excess of 10 gallons
inside any other building or other occupancy or in excess of 60 gallons
outside of any building. This provision shall not apply to liquids
in the fuel tank of a motor vehicle, aircraft, portable or stationary
engine, boat or portable heating plant; or paints, oils, varnishes
or similar flammable mixtures when such liquids are stored for maintenance,
painting 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 of a building. This provision shall not apply to fuel oil
in connection with oil-burning equipment.
(c)
For processing; blending or refining of flammable
or combustible liquids.
(15)
Flammable finishing: for spraying, coating or
dipping operations utilizing flammable or combustible liquids.
(16)
Fruit-ripening process: to conduct a fruit-ripening
process using ethylene gas.
(17)
Fumigation and thermal insecticidal fogging:
to conduct fumigation or thermal insecticidal fogging operations.
(18)
Hazardous chemicals:
(a)
To store, handle or use more than 55 gallons
of corrosive liquids; or more than 50 pounds of oxidizing materials;
or more than 10 pounds of organic peroxides; or more than 50 pounds
of nitromethane; or 1,000 pounds or more of ammonium nitrate, ammonium
nitrate fertilizers and fertilizer mixtures containing 60% or more
ammonium or any amount of toxic material or poisonous gas.
(b)
To store, handle or use any quantity of air-reactive,
water-reactive or unstable materials.
(19)
Junkyards: to operate a junkyard.
(20)
Liquefied petroleum gas: for each installation
of liquefied petroleum gas employing a container or an aggregate of
interconnected containers of over 2,000 gallons' water capacity, and
for each permanent installation, irrespective of size of containers,
made at buildings in which 20 or more persons congregate for civic,
political, educational, religious, social or recreational purposes.
Installers shall maintain a record of all installations and replacement
of portable cylinders and shall have it available for inspection.
(21)
Lumberyards: to operate a lumberyard.
(22)
Magnesium: for melting, casting, heat-treating
machining or grinding of more than 10 pounds of magnesium per working
day.
(24)
Organic coatings: to perform organic coating
operations utilizing more than one gallon of organic coating on any
working day.
(25)
Ovens and furnaces: to operate industrial processing
ovens and furnaces operating at approximately atmospheric pressures
and temperatures not exceeding 1,400° F. which are heated with
oil or gas fuel or which during operation contain flammable vapors
from the material in the oven or catalytic combustion system.
(26)
Places of assembly: to maintain, operate or
use a place of assembly.
(27)
Service stations and repair garages: to operate
a service station or repair garage.
(28)
Welding and cutting: to operate a welding and
cutting business. A record of all locations where welding or cutting
operations are performed shall be maintained and kept available for
inspection by the permit holder.
E.
Location of permits. All permits shall be displayed
on the property or premises to which the permit is issued.
F.
Revocation of permits. Permits may be suspended or
revoked when it is determined that there is a violation of a condition
under which the permit was issued or there has been misrepresentation
or falsification of material facts in connection with the permit application
or a condition of the permit.
G.
All applications for a blasting permit shall be accompanied
by a liability insurance policy in the amount of $1,000,000 naming
the Village of Woodbury as an additional insured. No permit shall
be issued for the use of explosives or blasting agents unless there
has first been submitted to the Village's Fire Marshal such a liability
insurance policy.
A.
General requirements. Property subject to the applicability
of this code shall be provided with safe means of egress.
B.
Obstruction.
(1)
Exits shall be maintained to provide free and unobstructed
egress from all parts of the building or structure.
(2)
No barrier, lock or fastening device to prevent free
escape from any building or structure shall be installed, except in
institutions where supervisory personnel are constantly on duty and
effective provisions are made to remove occupants in case of fire
or other emergency.
(3)
Materials shall not be placed, stored or kept in stairways
or corridors.
(4)
No aisle or passageway shall be obstructed so as to
reduce its required width as an exit.
(5)
Exit enclosures shall be maintained free of building
facilities which could interfere with use as an exit, such as piping
for flammable liquids or gases. Interior decorations such as draperies,
tapestries or mirrors shall not be permitted to obscure, conceal or
confuse exit doors or signs or exit passageways.
(6)
Exit corridors shall be maintained clear of merchandise
at all times and shall be marked by yellow striping on the floor in
the corridor and a sign stating "fire corridor must be maintained
clear at all times." Also, the exitway floor from the stock room to
the exit shall be marked with yellow striping and shall be maintained
clear at all times.
(7)
Exit access and exit discharge areas shall be so maintained
as to provide a permanent, reasonable straight path of travel unimpeded
by railings, barriers or gates dividing such areas into sections ancillary
to adjoining individual rooms or spaces.
(8)
Aisles. In every portion of a building or area where
seats, tables, merchandise, equipment or similar impediments to egress
are present, required aisles shall be maintained free of all obstructions.
Aisles, corridors or passageways leading directly to every exit shall
be created and maintained in open floor areas where exits are not
immediately accessible. Except where single exits or limited dead
ends are permitted by the Building Code or other regulations, such
aisles shall be so arranged as to provide access to at least two remote
exits by separate paths of travel.
A.
The Fire Marshal shall conduct periodic inspections
for compliance with the provisions of the New York State Uniform Fire
Prevention and Building Code. Such inspections may be made at any
reasonable time.
B.
If entrance to make an inspection is refused or cannot
be obtained, the Fire Marshal may apply for a warrant to make an inspection
to any court of competent jurisdiction.
The Fire Marshal shall keep official records
of all permits, inspection reports, recommendations, complaints and
violation orders.
A.
A building or structure or part thereof which is an
imminent danger to life and safety of the public as a result of a
fire or explosion is hereby declared to be a public nuisance.
B.
Whenever the Fire Marshal finds a building or structure
or part thereof to be an imminent danger to life and safety of the
public as a result of a fire or explosion, the Fire Marshal may cause
it to be demolished and removed or may cause work to be done in and
about the building or structure as may be necessary to remove the
danger.
C.
The Fire Marshal may require the occupants of any
such building or structure or part thereof to vacate the premises
forthwith. No person shall use or occupy such building or structure
or part thereof until it is made safe. Except for the owner, no person
shall enter a premises which has been ordered vacated unless authorized
by the Fire Marshal to perform inspections or repairs or to demolish
and remove such building or structure or part thereof.
D.
All costs and expenses incurred by the Village of
Woodbury in connection with any work done to remove the danger or
in connection with the demolition and removal of any such building
or structure shall be assessed against the land on which such building
or structure is located, and a bill for such expenses shall be presented
to the owner of the property, or, if the owner cannot be ascertained,
then such bill shall be posted in a conspicuous place on the premises.
Such assessment shall be and constitute a lien upon such land. If
the owner shall fail to pay for such expenses within 10 days after
the bill is presented or posted, a legal action may be brought to
collect such assessment or to foreclose such lien. As an alternative
to the maintenance of any such action, the Fire Marshal may file a
certificate of the actual expenses incurred as aforesaid, together
with a statement identifying the property in connection with which
the expenses were incurred and the owner thereof, with the Assessor,
who shall, in the preparation of the next assessment roll, assess
such amount upon such property. Such amount shall be included in the
levy against such property, shall constitute a lien and shall be collected
and enforced in the same manner, by the same proceedings, at the same
time and under the same penalties as is provided by law for the collection
and enforcement of real property taxes in the Village of Woodbury.
A.
A Board of Review is hereby established for the purpose
of granting variances where enforcement of any provision or requirement
of the New York State Uniform Fire Prevention and Building Code results
in practical difficulties or unnecessary hardships. Any such variance
shall be consistent with the spirit of the code and shall not be inconsistent
with Article 18 of the Executive Law.
B.
The Zoning Board of Appeals of the Village of Woodbury
is hereby designated as the Board of Review to hear appeals from any
decisions of the Fire Marshal pursuant to this article.
C.
The Fire Marshal shall obtain a copy of the Board
of Review's decision for his records.
The Fire Marshal shall submit monthly reports
to the Village Board of all inspections made and permits issued pursuant
to this article. Also, the Fire Marshal shall meet with the Village
of Woodbury Fire Council during January of each year to review the
preceding year's activities, and, where necessary, the Fire Council
may meet with the Board of Trustee liaison whenever the Fire Council
deems it necessary.
This article shall not apply to any detached
single-family residence unless there is a house to be constructed
which must comply with the New York State Building Code and/or the
New York State Uniform Fire Prevention and Building Code relating
to construction, in which case the Code Enforcement Officer shall
determine compliance.
A.
A person owning, operating, occupying or maintaining
property or premises within the scope of the New York State Uniform
Fire Prevention and Building Code or this article shall comply with
all the provisions of the New York State Uniform Fire Prevention and
Building Code, this article and all orders, notices, rules, regulations
or determinations issued in connection therewith.
B.
Whenever the Fire Marshal finds that there has been
a violation of the New York State Uniform Fire Prevention and Building
Code, this article or any rule or regulation adopted pursuant to this
article, a violation order shall be issued to the person or persons
responsible.
C.
Violation orders shall be in writing, shall identify
the property or premises, shall specify the violation and remedial
action to be taken, shall provide a reasonable time limit for compliance
and shall state the time within which an appeal may be taken.
D.
Violation orders may be served by personal service,
by mailing by registered or certified mail or by posting a copy thereof
in a conspicuous place on the premises and by mailing a copy thereof
to the premises on the same day as posted, enclosed in a post-paid
wrapper addressed to the person responsible.
E.
In case the owner, lessor, occupant or the agent of
any of them shall fail, neglect or refuse to remove, eliminate or
abate the violation within the time specified in the violation order,
the Fire Marshal shall take what legal action he deems necessary for
the removal, elimination and abatement of the violation.
A.
Any person who shall violate any of the provisions
of the code hereby adopted or who shall fail to comply therewith or
who shall violate or fail to comply with any order made thereunder
or who shall build in violation of any detailed statement of specifications
or plans submitted and approved thereunder or any certificate or permit
issued thereunder and from which no appeal has been taken or who shall
fail to comply with such an order as affirmed or modified by the Bureau
of Fire Prevention or by a court of competent jurisdiction, within
the time fixed herein, shall, severally, for each and every such violation
and noncompliance, respectively, be guilty of a misdemeanor punishable
by a fine of not less than $250 nor more than $500 or by imprisonment
for not more than 30 days, or by both such fine and imprisonment.
The imposition of one penalty for any violation shall not excuse the
violation nor permit it to continue, and all such persons shall be
required to correct or remedy such violations or defects within a
reasonable time; and when not otherwise specified, each day that prohibited
conditions are maintained shall constitute a separate offense subject
to the above fines.
B.
If the exitway floor to the exit in the stockroom
or the aisle is found blocked or has merchandise, equipment or similar
impediments to egress, the store shall be closed until the following
day when a further inspection shall be made by the Fire Marshal to
determine if the exitway or aisle is cleared. Such violation shall
be subject to a fine of $500 per day. Each day that the prohibited
conditions are maintained shall constitute a separate offense subject
to said fine.
C.
If the exit corridor is found blocked or has merchandise,
equipment or similar impediments to egress, the store shall be closed
until the following day when an inspection shall be made by the Fire
Marshal to determine that the corridor is cleared. Such violation
shall be subject to a fine of $500 per day. Each day that the prohibited
conditions are maintained shall constitute a separate offense subject
to said fine.
D.
The application of the above penalty shall not be
held to prevent the enforced removal of prohibited conditions.
[Adopted 8-12-2008 by L.L. No. 6-2008]
It shall be the responsibility of the owner
of all new and existing buildings located within the Village of Woodbury
which have facilities for three or more occupied dwelling units or
commercial establishments having facilities for the overnight occupancy
of three or more persons, such as but not limited to motels, hotels,
nursing homes, rooming houses and transient facilities, to install
smoke detectors in each such dwelling unit or accommodation as hereinafter
provided. Said smoke detectors shall be capable of sensing visible
or invisible particles of combustion and providing a suitable audible
alarm thereof. Failure to install and maintain smoke detectors as
and where required will subject the property owner to the penalties
set forth hereinafter.
A.
At least one smoke detector shall be installed to
protect each sleeping area. A "sleeping area" is defined as the area
or areas of the family living unit in which the bedrooms or sleeping
rooms are located. Where bedrooms or rooms ordinarily used for sleeping
are separated by other use areas, such as kitchens or living rooms
but not bathrooms or closets, they shall be considered as separate
sleeping areas for the purpose of this section. In commercial establishments,
each separate room used as a sleeping area shall be considered a separate
sleeping area.
B.
At least one smoke detector shall be installed at
the head (top) of each stairway or passageway leading up or to an
occupied area in such a manner as to assure that rising smoke is not
obstructed in reaching the detector and that the detector intercepts
rising smoke before it reaches the sleeping area.
As an alternative to self-contained smoke detectors,
an approved fire-detection system may be installed. Each fire-detection
system must be individually approved and a permit issued therefor
by the enforcement officer of the Village of Woodbury.
All devices, combinations of devices and equipment
required herein are to be installed in conformance with the New York
State Building Code.
In new residential dwellings, smoke detectors
shall be wired directly (hard wired) to the building's power supply.
In existing dwellings within multifamily dwellings of 10 units or
more, the detectors shall meet the multifamily building power source
requirements of state law or, in the absence of state law, the requirements
hereunder covering other existing dwellings. In other existing dwellings
it is preferred that smoke detectors be wired directly to the power
supply. However, said detectors may be powered by a self-monitored
battery or operated in a plug-in outlet which is fitted with a plug
restrainer device, provided that the outlet is not controlled by any
switch other than the main power supply.
Every detector or system installed or maintained
under this article shall have an adequate power source for proper
operation, and lack of same shall constitute a violation of this article.
Any person, firm or corporation violating any
of the provisions of this article shall, upon conviction therefor,
be subject to a fine not exceeding $100 or to imprisonment for 10
days, or both. Each day a violation is permitted to exist shall constitute
a separate offense.
