[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.]
[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.
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]
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:
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Acetylene generators: to operate an acetylene generator having
a calcium carbide capacity exceeding five pounds.
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Automobile tire rebuilding plants: to operate an automobile
tire, rebuilding plant.
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Automobile wrecking yards: to operate an automobile wrecking
yard.
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Bowling establishments: for bowling pin refinishing and bowling
lane resurfacing operations involving the use and application of flammable
or combustible liquids or materials.
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Cellulose nitrate motion-picture film; to store, keep or have
on hand more than 25 pounds of cellulose nitrate motion-picture film.
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Cellulose nitrate plastics (pyroxylin):
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(1)
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To store, keep or have on hand more than 25 pounds of cellulose
nitrate plastics (pyroxylin).
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(2)
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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.
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Combustible fibers: to store, handle or use combustible fibers
in quantities in excess of 100 cubic feet, except agricultural products
on a farm.
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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.
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Compressed gases:
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(1)
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To store, handle or use at normal temperatures and pressures
more than:
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(a)
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Two thousand cubic feet of flammable compressed gas.
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(b)
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Six thousand cubic feet of nonflammable compressed gas.
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(2)
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To store, handle or use any quantity of liquefied natural or
hydrogen gas.
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Cryogenics: to store, handle or use cryogenic fluids, except
cryogenics used as a motor fuel and stored in motor vehicle tanks,
as follows:
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(1)
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Production, sale or storage of cryogenic fluids.
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(2)
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Storage or use of flammable cryogenic fluids cryogenic oxidizers
or liquefied oxygen in excess of 10 gallons.
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Dry-cleaning plants: to use in excess of four gallons of solvents
or cleaning agents classified as flammable or combustible.
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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.
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Explosive ammunition and blasting agents:
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(1)
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To manufacture, possess, store, sell or otherwise dispose of
explosives and blasting agents.
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(2)
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To use explosives or blasting agents.
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(3)
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To operate a terminal for handling explosives or blasting agents.
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Flammable and combustible liquids:
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(1)
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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:
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(a)
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Liquids in the fuel tank of a motor vehicle, aircraft, portable
or stationary engine, boat or portable heating plant.
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(b)
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Paints, oils, varnishes or similar flammable mixtures, when
such liquids are stored for maintenance, painting or similar purposes.
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(2)
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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.
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(3)
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For processing, blending or refining of flammable or combustible
liquids.
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Flammable finishing: for spraying, coating or dipping operations
utilizing flammable or combustible liquids.
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Fruit-ripening process: to conduct a fruit-ripening process
using ethylene gas.
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Fumigation and thermal insecticidal fogging: to conduct fumigation
or thermal insecticidal fogging operations.
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Hazardous chemicals:
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(1)
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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.
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(2)
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To store, handle or use any quantity of air-reactive, water-reactive
or unstable materials.
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Hotel: to operate a hotel, motel or rooming house.
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Junkyards: to operate a junkyard.
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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.
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Lumberyards: to operate a lumberyard.
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Magnesium: for melting, casting, heat-treating, machining or
grinding of more than 10 pounds of magnesium per working day.
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Marina: to operate a marina or boatyard.
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Matches:
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(1)
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To manufacture matches.
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(2)
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To store matches in excess of 25 cases. (Note: One case equals
one matchman's gross of 14,400 matches.)
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Multiple dwelling: to operate a dwelling containing more than
one unit.
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Organic coatings: to perform organic coating operations utilizing
more than one gallon of organic coating on any working day.
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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.
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Places of assembly: to maintain, operate or use a place of assembly.
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Restaurant: to operate a restaurant.
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Service stations and repair garages: to operate a service station
or repair garage.
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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.
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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.
CODE
FIRE LANE
FIRE MARSHAL
FIRE PREVENTION CODE
FIRE ZONE
NFPA
PLACE OF ASSEMBLY
PUBLIC PLACE OF ASSEMBLY
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The Village Code of the Village of Sag Harbor.
A fire zone.
An individual charged with carrying out the duties of the
Fire Prevention Division and responsible for the enforcement of this
local law.[1]
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.
An area permanently or temporarily marked for the purpose
of access by emergency vehicles, equipment and personnel.
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.
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.
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]
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.
