Village of Sag Harbor, NY
Suffolk County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Sag Harbor 8-7-1979 by L.L. No. 18-1979 (Ch. 18 of the 1968 Compilation). Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — Ch. 92.
Oil and gasoline stations — See Ch. 181.
[Amended 4-2-2002 by L.L. No. 2-2002]
The Board of Trustees of the Village of Sag Harbor, New York, pursuant to § 392 of the Executive Law[1] of the State of New York, hereby adopts and accepts the applicability as the fire regulations of the Village of Sag Harbor the New York State Uniform Fire Prevention and Building Code and the regulations of that code and its enforcement as contained in Title 19 of the New York Code and Rules and Regulations, the New York State Fire Prevention Code and the Fire Prevention Code of the National Fire Protection Association, NFPA No. 1, and its incorporated standards and codes, for the Village of Sag Harbor, to become effective immediately in accordance with the provisions of § 392 of the Executive Law[2] of the State of New York, in conformity with and without interruption of those provisions that have already been adopted by the Village of Sag Harbor.
[1]
Editor’s Note: See now Executive Law Art. 18.
[2]
Editor’s Note: See now Executive Law Art. 18.
This chapter shall provide the basic method for administration and enforcement of the State Fire Prevention Code and the standards of the National Fire Protection Association in the Village of Sag Harbor and shall establish powers, duties and responsibilities in connection therewith.
[Amended 4-2-2002 by L.L. No. 2-2002]
The New York State Uniform Fire Prevention and Building Code and New York State Fire Prevention Code shall be enforced in the Village of Sag Harbor by the Fire Marshal or Fire Inspector of the Village of Sag Harbor.
[Amended 4-2-2002 by L.L. No. 2-2002]
A. 
The Fire Inspector or Fire Marshal of the Village of Sag Harbor may adopt rules and regulations for the administration and enforcement of the State Fire Prevention Code upon approval by the Board of Trustees. Such rules and regulations shall not conflict with the State Fire Prevention Code, this chapter or any other provision of law.
B. 
The Fire Inspector or Fire Marshal of the Village of Sag Harbor shall publish all rules and regulations at least 15 days prior to the effective date thereof in the official newspaper of the Village of Sag Harbor.
A. 
Upon payment of a fee as prescribed in the schedule of fees adopted by the Village Board of the Village of Sag Harbor, permits shall be issued by and bear the name and signature of the Fire Inspector or Fire Marshal and shall specify the:
[Amended 4-2-2002 by L.L. No. 2-2002]
(1) 
Activity or operation for which the permit is issued.
(2) 
Address or location where the activity or operation is to be conducted.
(3) 
Name and address of the permittee.
(4) 
Permit number and date of issuance.
(5) 
Period of permit validity.
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 until revoked or for a period of time designated at the time 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:
Acetylene generators: to operate an acetylene generator having a calcium carbide capacity exceeding five pounds.
Automobile tire rebuilding plants: to operate an automobile tire, rebuilding plant.
Automobile wrecking yards: to operate an automobile wrecking yard.
Bowling establishments: for bowling pin refinishing and bowling lane resurfacing operations involving the use and application of flammable or combustible liquids or materials.
Cellulose nitrate motion-picture film; to store, keep or have on hand more than 25 pounds of cellulose nitrate motion-picture film.
Cellulose nitrate plastics (pyroxylin):
(1)
To store, keep or have on hand more than 25 pounds of cellulose nitrate plastics (pyroxylin).
(2)
To manufacture articles of cellulose nitrate plastics (pyroxylin), which shall include the use of cellulose nitrate plastics (pyroxylin) in the manufacture or assembling of other articles.
Combustible fibers: to store, handle or use combustible fibers in quantities in excess of 100 cubic feet, except agricultural products on a farm.
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.
Compressed gases:
(1)
To store, handle or use at normal temperatures and pressures more than:
(a)
Two thousand cubic feet of flammable compressed gas.
(b)
Six thousand cubic feet of nonflammable compressed gas.
(2)
To store, handle or use any quantity of liquefied natural or hydrogen gas.
Cryogenics: to store, handle or use cryogenic fluids, except cryogenics used as a motor fuel and stored in motor vehicle tanks, as follows:
(1)
Production, sale or storage of cryogenic fluids.
(2)
Storage or use of flammable cryogenic fluids cryogenic oxidizers or liquefied oxygen in excess of 10 gallons.
Dry-cleaning plants: to use in excess of four gallons of solvents or cleaning agents classified as flammable or combustible.
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.
Explosive ammunition and blasting agents:
(1)
To manufacture, possess, store, sell or otherwise dispose of explosives and blasting agents.
(2)
To use explosives or blasting agents.
(3)
To operate a terminal for handling explosives or blasting agents.
Flammable and combustible liquids:
(1)
To store, handle or use flammable liquids in excess of 6 1/2 gallons inside dwellings, 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:
(a)
Liquids in the fuel tank of a motor vehicle, aircraft, portable or stationary engine, boat or portable heating plant.
(b)
Paints, oils, varnishes or similar flammable mixtures, when such liquids are stored for maintenance, painting or similar purposes.
(2)
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 used in connection with oil-burning equipment. A permit shall be obtained for the initial installation of an oil burner and a fuel oil tank used in connection therewith. A permit shall be required for the replacement of a fuel oil tank connected to an oil burner.
(3)
For processing, blending or refining of flammable or combustible liquids.
Flammable finishing: for spraying, coating or dipping operations utilizing flammable or combustible liquids.
Fruit-ripening process: to conduct a fruit-ripening process using ethylene gas.
Fumigation and thermal insecticidal fogging: to conduct fumigation or thermal insecticidal fogging operations.
Hazardous chemicals:
(1)
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 of ammonium or any amount of toxic material or poisonous gas.
(2)
To store, handle or use any quantity of air-reactive, water-reactive or unstable materials.
Hotel: to operate a hotel, motel or rooming house.
Junkyards: to operate a junkyard.
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 have it available for inspection.
Lumberyards: to operate a lumberyard.
Magnesium: for melting, casting, heat-treating, machining or grinding of more than 10 pounds of magnesium per working day.
Marina: to operate a marina or boatyard.
Matches:
(1)
To manufacture matches.
(2)
To store matches in excess of 25 cases. (Note: One case equals one matchman's gross of 14,400 matches.)
Multiple dwelling: to operate a dwelling containing more than one unit.
Organic coatings: to perform organic coating operations utilizing more than one gallon of organic coating on any working day.
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.
Places of assembly: to maintain, operate or use a place of assembly.
Restaurant: to operate a restaurant.
Service stations and repair garages: to operate a service station or repair garage.
Welding and cutting: to operate a welding and cutting business. A record of all locations where welding and cutting operations are performed shall be maintained and kept available for inspection by the permit holder.
E. 
Consolidated permits. When more than one permit is required for the same property or premises, a single permit may be issued listing all materials or operations covered. Revocation of a portion or portions of such consolidated permit, for the specific hazardous materials or operations, shall not invalidate the remainder.
F. 
Location of permits. Permits shall be kept on the property or premises covered by the permit or carried by the permit holder.
G. 
Revocation of permits. Permits may be suspended or revoked when it is determined 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.
[Amended 4-2-2002 by L.L. No. 2-2002]
A. 
The Fire Inspector or Fire Marshal of the Village of Sag Harbor shall conduct periodic inspections for compliance with the provisions of the State Fire Prevention 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 Inspector or Fire Marshal of the Village of Sag Harbor may apply to any court of competent jurisdiction for a warrant to make an inspection.
[Added 4-2-2002 by L.L. No. 2-2002]
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
CODE
The Village Code of the Village of Sag Harbor.
FIRE LANE
A fire zone.
FIRE MARSHAL
An individual charged with carrying out the duties of the Fire Prevention Division and responsible for the enforcement of this local law.[1]
FIRE PREVENTION CODE
All references in this chapter to the State Fire Prevention Code shall be deemed to be made to the Uniform Fire Prevention and Building Code of the State of New York, and the State Fire Prevention Code.
FIRE ZONE
An area permanently or temporarily marked for the purpose of access by emergency vehicles, equipment and personnel.
NFPA
The National Fire Protection Association. When used in this chapter, "NFPA" shall include the National Electrical Code and the standards as adopted by the National Fire Protection Association.
PLACE OF ASSEMBLY
Any room, space, building, or portion thereof used for gathering together persons for amusement, athletic, civic, dining, educating, entertainment, eating, drinking, amusement, awaiting transportation or similar purposes.
PUBLIC PLACE OF ASSEMBLY
Any room, space, building or portion thereof used for gathering together 50 persons or more for such purposes as deliberation, worship, entertainment, eating, drinking, amusement, awaiting transportation or similar purposes.
[1]
Editor's Note: Refers to L.L. No. 2-2002.
B. 
Permit required; exceptions. No place of assembly shall be maintained, operated, or used such without a permit, except that no permit shall be required for any place of public assembly used solely as a place of religious worship.
C. 
Plan of exitways. A plan showing the capacity and location of exitways and of aisles leading thereto shall be filed with the Village Fire Marshal, and a copy shall be kept on display in the premises.
D. 
Maximum occupancy and signs.
(1) 
Maximum occupancy. The maximum allowable occupancy for every place of assembly or portion thereof shall be determined by the Village Fire Marshal in accordance with all applicable laws, rules and regulations.
(2) 
Occupancy signs.
(a) 
Upon the completion of a life-safety inspection by a Fire Marshal and the determination of the maximum allowable occupancy for all applicable spaces, rooms, buildings, or portions thereof an occupancy sign(s) will be issued by the Village Fire Marshal.
(b) 
The signs(s) issued by the Fire Marshal shall be so located and posted at entrances to such applicable areas so as to be conspicuously visible to any person entering such space, room, building or portion thereof.
(c) 
The sign(s) shall be illuminated at such times when the building or portion thereof is occupied, and shall be substantially secured to a wall or a kick out.
(3) 
The owner, operator, manager or person in charge of any place of assembly shall ensure that the maximum allowable occupancy for any place of assembly or portion thereof is never exceeded.
E. 
Construction, maintenance and operation. The construction, maintenance, and operation of every place of assembly or public place of assembly shall be in accordance with the appropriate standards of the NFPA and the Village Code of the Village of Sag Harbor.
F. 
Fire protection equipment. All fire-detecting and fire-extinguishing equipment systems and smoke- and fire-control doors, vents, devices and systems in every place of assembly shall at all times be mounted in full and proper operating conditions.
G. 
Lighting systems. All places of assembly when in use shall be so illuminated so that every person 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.
A. 
A person owning, operating, occupying or maintaining property or premises within the scope of the State Fire Prevention Code or this chapter shall comply with all the provisions of the State Fire Prevention Code, the standards of the National Fire Protection Association, this chapter and all orders, notices, rules, regulations or determinations issued in connection therewith.
B. 
Whenever the Fire Inspector or Fire Marshal finds that there has been a violation of the State Fire Prevention Code, this chapter or any rule or regulation adopted pursuant to this chapter, a violation order shall be issued to the person or persons responsible.
[Amended 4-2-2002 by L.L. No. 2-2002]
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 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 mailing a copy thereof to the premises, enclosed in a postpaid 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, a request to take appropriate legal action shall be made to the Village Board of the Village of Sag Harbor.
F. 
The penalties and fines contained herein and the election by the Village of Sag Harbor to assess them shall not be a waiver of or act to limit or prejudice any other rights or remedies of the Village, whether civil or otherwise. The Village of Sag Harbor shall be entitled to temporary and permanent injunctive and other relief, including an assessment of the costs therein from any party committing a violation of this provision and any other civil or other remedies that may be available to the Village by law.
[Added 4-2-2002 by L.L. No. 2-2002]
A. 
Failure to comply with any provision of the State Fire Prevention Code, this chapter, rules or regulations adopted pursuant to this chapter or a violation order shall be deemed a violation, and the violator shall be liable for a fine of not more than $250 or imprisonment not to exceed 15 days, or both, and each day such violation continues shall constitute a separate violation.
B. 
An action or proceeding in the name of the Village of Sag Harbor may be commenced in any court of competent jurisdiction to compel compliance with or restrain by injunction the violation of any provision of the State Fire Prevention Code, this chapter, rules or regulations adopted pursuant to this chapter or a violation order, or to vacate the occupancy or building in the case of imminent danger to life or property. Such remedy shall be in addition to penalties otherwise prescribed by law.
[Amended 4-2-2002 by L.L. No. 2-2002]
The Fire Inspector or Fire Marshal of the Village of Sag Harbor 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 Inspector or 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 Village Board of the Village of Sag Harbor 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.
[Amended 4-2-2002 by L.L. No. 2-2002]
C. 
The Fire Inspector or Fire Marshal may require the occupants or 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 premises which have been ordered vacated unless authorized to perform inspections or repairs or to demolish and remove such building or structure or part thereof.
[Amended 4-2-2002 by L.L. No. 2-2002]
D. 
All costs and expenses incurred by the Village of Sag Harbor 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 Inspector or 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 provided by law for the collection and enforcement of real property taxes in the Village of Sag Harbor.
[Amended 4-2-2002 by L.L. No. 2-2002]
Where practical difficulties or unnecessary hardships may result from enforcement of the strict letter of any provision of the State Fire Prevention Code, applications for variances consistent with the spirit of the code and not inconsistent with the requirements of Subdivision 2 of § 391 of Article 18-A of the Executive Law[1] may be made to and acted upon by the Zoning Board of Appeals who shall act as a Board of Review in accordance with the provisions of § 395 of the Executive Law.[2]
[1]
Editor's Note: These statutory references are to an older version of Executive Law Art. 18-A, which has since been renumbered. See now Executive Law Art. 18, New York State Uniform Fire Prevention and Building Code Act.
[2]
Editor’s Note: See now Executive Law Art. 18.
The Village Clerk is hereby instructed to file a certified copy of this chapter in the principal office of the New York State Building Code Council, Division of Housing and Community Renewal, at Two World Trade Center, New York, New York 10047.