This chapter shall be known and may be cited as the "Fire Prevention
Code of the Town of Smithtown."
This chapter is adopted under the authority of the Municipal
Home Rule Law and the Executive Law (Article 18) of the State of New
York.
A.
The present level of loss of life, injury to persons and damage to
property as a result of fire demonstrates that the people of the Town
of Smithtown and their guests are in a need to receive the basic level
of protection to which they are entitled, due to the unique circumstances
presented in the Town of Smithtown in connection with the construction
and maintenance of buildings.
B.
New York State, with its size and vast differences in characteristics
among its counties, cities, towns and villages, duly enacted the New
York State Uniform Fire Prevention and Building Code to provide a
basic minimum level of safety standards. This code was adopted to
provide at least some form of uniformity throughout the state. However,
Smithtown, due to its population and size, as well as its unique characteristics,
warrants a more stringent Fire Prevention Code.
C.
Occupying approximately 140 square miles, Smithtown has a daytime
population exceeding a quarter of a million people. As host to one
of the largest industrial parks in the United States, Smithtown attracts
many industries, employing over 100,000 individuals in over 600 businesses
and industries. Among them are high tech, manufacturing, chemical,
biological and hazardous materials enterprises. Many of these enterprises
develop, as products or wastes, hazardous, toxic or radioactive materials
or wastes which are found to be in a solid, liquid or gaseous state.
D.
Many of Smithtown's access roads were built to handle vehicles designed
in the 1930's and 1940's, and much of the Town's road system is narrow
and difficult to traverse. Today's vehicles, especially commercial
and emergency equipment apparatus, are much larger and more cumbersome.
Combined with the tremendous volume of traffic that the roads of Smithtown
handle everyday, these unique circumstances diminish the response
time for emergency service equipment and personnel.
E.
The Town of Smithtown has densely populated areas, and often times,
commercial, industrial, retail and residential uses converge in a
relatively small area. Smithtown, while providing unique advantages
to its population, is in need of unique and more stringent safety
requirements and standards in order to ensure that the unique characteristics
that Smithtown has to offer may continue to exist in a safe and healthy
atmosphere.
F.
Therefore, it is the expressed intent of the Town Board of the Town
of Smithtown to provide for the enactment of this chapter in order
to provide a basic minimum level of protection to all people of the
Town of Smithtown from hazards of fire, explosion and inadequate road
and building construction.
G.
It is further the intent of the Town Board to enact this chapter
as an expression of its desire to prescribe standards consistent with
nationally recognized practices for the safeguarding, to a reasonable
degree, of life and property.
H.
Now, therefore, the Town Board of the Town of Smithtown hereby enacts
this chapter to provide for the protection of life and property.
A.
The provisions of this chapter shall apply equally to new and existing
conditions and structures, except that existing conditions and structures
not in strict compliance with the terms of this chapter shall be permitted
to continue where the existing condition or structure does not constitute
an imminent and distinct hazard to life or property in the opinion
of the Fire Prevention Division. In the event that the Fire Prevention
Division shall determine an existing condition to be an imminent and
distinct hazard to life or property, then the Fire Prevention Division
may order immediate corrective actions to be undertaken.
[Amended 3-14-2000 by L.L. No. 4-2000]
(1)
If, after the effective date of this chapter, a building or structure
is not in compliance with the provisions of this chapter and the Fire
Prevention Division has determined that the building, structure or
condition does not present an imminent and distinct hazard to life
or property, then that condition, building or structure may continue
to exist as is.
(2)
If, after the effective date of this chapter, a building or structure
not in compliance with the provisions of this chapter shall be altered,
modified, changed, constructed, enlarged or otherwise adapted, modified,
repaired, restored or changed to an extent exceeding 50% of the fair
market value of such building or structure, then the entire building
or structure shall be constructed and used in full compliance with
the provisions of this chapter and all other applicable laws, rules
and regulations.
B.
Nothing contained in this chapter shall be construed as applying
to the transportation of any article or thing shipped under the jurisdiction
of and in compliance with the regulations prescribed by the Interstate
Commerce Commission, unless specifically stated otherwise, nor shall
this chapter apply to any recognized division of the Armed Services
of the United States of America.
A.
This chapter adopts the Fire Prevention Codes of the NFPA and all
of its incorporated standards and codes as published in the National
Fire Codes of the NFPA. The same are hereby adopted and incorporated
as if fully set forth herein.
B.
This chapter adopts the New York State Uniform Fire Prevention and
Building Code as set forth in 9 NYCRR. The same is hereby adopted
and incorporated as if fully set forth herein.
C.
Not fewer than one copy of the National Fire Prevention Code of the
NFPA and the New York State Uniform Fire Prevention and Building Code
shall be filed in the office of the Town Clerk, the Building Department
and the Fire Prevention Division.
[Amended 3-14-2000 by L.L. No. 4-2000]
As used in this chapter, the following terms shall have the
meanings indicated:
All gas-burning appliances for use with liquefied petroleum
gas.
Accepted by the Director or Fire Prevention Division as a
result of investigation and/or experience or by reason of a test,
listing or approval by the Underwriters' Laboratory, Incorporated,
the National Bureau of Standards, the American Gas Association Laboratories
or other nationally recognized testing or approval agency.
The Fire District Boards within the Town of Smithtown.
Persons who engage in the transportation of articles or materials
by air, water, rail or highway.
Any entity which receives signals from fire alarm systems
and relays information pertaining to such fire alarm systems to the
appropriate Fire Department headquarters.
A form and/or certificate filed with the Town, indicating
various information regarding use, individuals, occupancy, storage
of hazardous or flammable materials, contact persons in case of emergency
and other information required in order to effectuate the purposes
and intent of this chapter.
A written approval certificate granted and issued by the
Department of Public Safety or Fire Prevention Division, indicating
that an occupied building or space is in compliance with this Code.
A license to perform a specific function as indicated on
the certificate.
A document certifying that a premises complies with provisions
of Zoning and/or Building Codes for a particular purpose or use.
The Code of the Town of Smithtown.
Capable of undergoing a chemical process that involves oxidation
sufficient to produce light or heat.
Readily ignitable and free-burning fibers, such as cotton,
sisal, henequen, ixtle, jute, hemp, tow, cocoa fiber, oakum, baled
waste, baled wastepaper, kapok, hay, straw, Spanish moss, excelsior
and other like materials.
Any area where there are buildings, under separate ownership,
not over 100 feet apart.
Those acids, alkaline, caustic and other corrosive liquids
which, when in contact with living tissue, will cause severe damage
of such tissue by chemical action; or in case of leakage will materially
damage or destroy other containers or other hazardous commodities
by chemical action and cause the release of their contents; or are
liable to cause fire when in contact with organic matter or with certain
chemicals. "Corrosive liquids" are those that have a pH less than
four or greater than 10.
Those materials that cause harm to living organisms by destroying
body tissue or causing damage thereto.
An expression of the quantity of radiation in terms of the
number of atoms which disintegrate per second; a "curie" is that quantity
of radioactive material which decays such that 37,000,000,000 atoms
disintegrate per second.
The Department of Public Safety of the Town of Smithtown.
The Director of the Department of Public Safety.
A facility, the primary purpose of which is the distribution
of gas and which receives liquefied petroleum gas in tank car, truck
transport or truck lots, distributing this gas to the end user by
portable container (package) delivery, by tank truck or through gas
piping. Such plants have bulk storage (2,000 gallons' water capacity
or more) and usually have container-filling and truck-loading facilities
on the premises. So-called "bulk plants" are considered as being in
this category. Normally, no person other than the plant management
or plant employees have access to these facilities.
The Fire Prevention Division.
The process of removing dirt, grease, paints and other stains
from wearing apparel, textiles, fabrics, rugs and other materials
or fabrics by the use of nonaqueous liquid solvents, flammable or
nonflammable, and it shall include the process of dyeing clothes or
other fabrics or textiles in a solution of dye colors and nonaqueous
liquid solvents.
Any alarm activation to which Fire Department personnel respond
which is not the result of fire, smoke or other emergency.
Any device, including manually operated ones, which, when
activated by fire, smoke or other emergency requiring Fire Department
response, transmits a signal to local Fire Department headquarters
or a central alarm station and/or produces any audible or visible
signal to which the local Fire Department is expected to respond.
Excluded from this definition and from the provisions of this chapter
are devices designed to alert the occupants of a building of an emergency
condition therein and which do not produce any audible or visible
signal which is perceptible outside of such building.
Any arrangement of fire alarm devices, connected together
and to a control panel or panels, designed so that the activation
of any one device will cause an appropriate signal to operate.
Any person licensed by the State of New York who maintains,
installs, repairs, tests, inspects or otherwise performs work on fire
alarm systems.
That area of a building between the outside walls and/or
interior fire walls.
A fire zone.
The boundary of a temporary fire zone established by a Fire
Chief, fire person or duly authorized agent, pursuant to his or her
authority, acting in an official capacity.
An individual charged with carrying out the duties of the
Fire Prevention Division and responsible for the enforcement of this
chapter.
A division of the Department of Public Safety of the Town
of Smithtown charged with the responsibilities of carrying out the
mandates of this chapter.
A wall with a specified degree of fire resistance that is
designed to prevent the spread of fire within a structure or between
adjacent structures.
Any composition or device for the purpose of producing a
visible or an audible effect for entertainment purposes by combustion,
deflagration or detonation that meets the definition of 1.4G fireworks
or 1.3G fireworks.
[Amended 7-14-2020 by L.L. No. 7-2020]
Small fireworks devices containing restricted amounts of
pyrotechnic composition designed primarily to produce visible or audible
effects by combustion. Such 1.4G fireworks which comply with the construction,
chemical composition and labeling regulations of the DOTn for Fireworks,
UN 0336, and the U.S. Consumer Product Safety Commission as set forth
in CPSC 16 CFR Parts 1500 and 1507, are not explosive materials for
the purpose of this code.
[Added 7-14-2020 by L.L.
No. 7-2020]
Large fireworks devices, which are explosive materials, intended
for use in fireworks displays and designed to produce audible or visible
effects by combustion, deflagration or detonation. Such 1.3G fireworks
include, but are not limited to, firecrackers containing more than
130 milligrams (two grains) of explosive composition, aerial shells
containing more than 40 grams of pyrotechnic composition and other
display pieces which exceed the limits for classification as 1.4G
fireworks. Such 1.3G fireworks are also described as Fireworks, UN
0335 by the DOTn.
[Added 7-14-2020 by L.L.
No. 7-2020]
An area permanently or temporarily marked for the purpose
of access by emergency vehicles, equipment and personnel.
Any gas which will burn in the normal concentration of oxygen
in the air.
Any liquid having a flash point below 200° F.
A solid substance, other than one classified as an explosive,
which is liable to cause fires through friction, through absorption
of moisture, through spontaneous chemical change or as a result of
retained heat from manufacturing or processing.
The lowest temperature at which sufficient vapors are produced
from a flammable liquid to form an ignitable mixture.
A material so toxic to man as to afford an unusual hazard
to life and health during fire-fighting operations or during an unintended
release of said material in the environment. Examples are parathion,
TEPP (tetraethyl phosphate), HETP (hexaethyl tetraphosphate) and similar
insecticides and pesticides; shall also include those substances so
designated by manufacturers' required material safety data sheets.
A cabinet-style vault, approved by the Chief Fire Marshal,
installed in an accessible location for the purpose of storing information
and documents related to the storage of hazardous materials, site
plans, building plans, emergency notification information or any other
information as may be required by the Chief Fire Marshal which is
deemed to be pertinent to the operations of the responding Fire Department.
Indicates the occupancy or use of a building or structure
or any portion thereof by persons harbored or detained to receive
medical, charitable or other care or treatment or by persons involuntarily
detained.
A container of a type approved by the Chief Fire Marshal
installed in an accessible location for the purpose of containing
keys to gain necessary access to areas of the premises.
All apparatus, appliances, piping and equipment pertinent
to the use of liquefied petroleum gas.
Liquefied petroleum gas.
An assembly consisting of one or more containers with a means
for conveying LPG from the container(s) to dispensing or consuming
devices, either continuously or intermittently, and which incorporates
components intended to achieve control of quantity, flow, pressure
or state, either liquid or vapor.
One-thousandth of a curie.
A vehicle that contains cooking equipment that produces smoke
or grease-laden vapors for the purpose of preparing and serving food
to the public. Vehicles intended for private recreation shall not
be considered mobile food preparation vehicles.
[Added 7-14-2020 by L.L.
No. 8-2020]
Any building, structure or portion thereof in which more
than four persons, unrelated to the owner, occupy space, rooms or
suites. This shall include but not be limited to hotels, motels, apartment
houses, rooming houses, boardinghouses, garden apartments, nursing
homes, convalescent homes, adult homes and residential board and care
facilities. This shall not apply to accessory apartments nor to condominiums
nor to cooperatives wherein the living units are individually owned
nor to hospitals.
Any building or structure which contains four or more individual
dwelling units or spaces with a common roof or otherwise physically
connected, and shall include structures commonly known as "townhouses,"
"garden apartments," "motels," "hotels," "apartment houses" and "condominiums."
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.
A container constructed of a material which, under the conditions
anticipated, will not aid combustion or add appreciable heat to an
ambient fire and which is Underwriters' Laboratories, Inc., listed.
The possession or use of property or premises; the purpose
for which a building or portion thereof is used or intended to be
used.
A person having possessory rights or a person who can control
what goes on in or on a premises; a person who may for any reason
occupy a building or portion thereof at any time.
A building or any portion thereof being used for whatever
purpose or use.
Any organic compound having a double oxygen or peroxy (O-O)
group in its chemical structure.
The person in whom is vested the ownership, dominion, title
or control of property; proprietor; includes the owner's duly authorized
agent, mortgagee or vendee in possession, assignee of rents, purchaser,
devisee, fiduciary and any other person having a vested interest in
the property in question, including a tenant or lessee of the property
in question.
Substances, such as chlorates, permanganates, peroxides or
nitrates, that yield oxygen readily to stimulate combustion.
An individual, firm, association, corporation, labor organization,
partnership, legal representative, trustee, trustee in bankruptcy,
receiver or any combination of individuals.
Any room, space, building or portion thereof used for gathering
together persons for amusement, athletic, civic, dining, educating,
entertainment, patriotic, political, recreational, religious, social,
drinking, awaiting transportation or similar purpose.
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.
Any noxious gas of such nature that a small amount of the
gas, when mixed with air, is dangerous to life. Examples are chlorpicrin,
cyanogen, hydrogen, cyanide, nitrogen, peroxide and phosgene.
Includes such gases that are of a nature that a very small
amount of the gas mixed with air is dangerous to life.
Any chemical substance, other than one classified as an explosive
or blasting agent, which has a tendency to be unstable and which can
be exploded by heat or shock or a combustion thereof.
Controlled exothermic chemical reactions timed to create
the effects of heat, hot gas, sound, dispersion of aerosols, emission
of visible light or a combination of such effects to achieve the maximum
effect from the least volume of pyrotechnic composition.
[Added 7-14-2020 by L.L.
No. 7-2020]
A pyrotechnic device for use in the entertainment industry,
which is not classified as fireworks.
[Added 7-14-2020 by L.L.
No. 7-2020]
Persons holding a certificate of fitness issued by the Fire
Prevention Division.
Any material or combination of materials that spontaneously
emits ionizing radiation.
As applied to solvents, classified as to fire hazard in accordance
with nationally recognized good practice.
A public garage.
The customary, legal right of a person or vehicle to pass
in front of another.
Any refuse, trash, garbage or discarded material of whatever
kind or nature.
Openings provided to allow runoff.
A quantity of radiation so enclosed as to prevent the escape
of any radioactive material but, at the same time, permitting radiation
to come out for use.
A structure designed, approved and constructed for the sole
use of housing a single family.
Anything constructed or erected on or under the ground or
upon another structure or building or any part thereof.
Any commercial vehicle designed to transport bulk liquefied
petroleum gas or other flammable liquids.
Those facilities used by carriers for the receipt, transfer
or temporary storage of articles or materials.
The Town of Smithtown.
Every device in, upon or by which any person or property
is or may be transported or drawn upon a highway, except devices moved
by human power or used exclusively upon stationary rails or tracks.
[Amended 3-14-2000 by L.L. No. 4-2000]
The Fire Prevention Division of the Town of Smithtown may enter
the premises of any building, structure or lot for the purpose of
making any inspection or examination in order to ensure compliance
with the provisions of this chapter.
[Amended 3-14-2000 by L.L. No. 4-2000]
A.
The Department of Public Safety and the Fire Prevention Division,
a Division of the Department of Public Safety of the Town of Smithtown,
shall be charged with the responsibility of enforcing this chapter.
It shall be the duty of the Fire Prevention Division to inspect all
buildings, lots, structures and premises, except the interiors of
single-family residential homes, as often as may be necessary for
the purpose of ascertaining and causing to be corrected any condition
liable to cause fire, explosion or damage or endanger life or property
from fire or explosion. The Fire Prevention Division shall also inspect
any building, lot or structure for any violations of the provisions
of this chapter or to ascertain whether the spirit or intent of this
chapter is being circumscribed.
B.
The Fire Prevention Division shall cooperate with the Board of Fire
Commissioners, any Fire Department or fire district officer and any
department, office or division of the government of the Town of Smithtown
in making any inspection within the Town. At the request of any Fire
Department, Fire Chief or the Board of Fire Commissioners or of any
Town official or department, the Fire Prevention Division shall inspect
any building, lot or structure within the Town.
C.
It shall be the duty of the Fire Prevention Division to inspect all
exterior areas adjacent to or adjoining any structure, lot or building,
except single-family residential homes, for the purpose of designating
said areas or portions thereof as fire zones. Any areas so designated
shall be plainly defined and marked as such in a manner prescribed
by the Fire Prevention Division and as prescribed by law.
D.
It shall be the duty of the Fire Prevention Division to investigate
the origin, cause and circumstances of:
(1)
Every fire which the Chief of a Fire Department determines worthy
of investigation due to its size, speed or any unusual conditions.
(2)
Every hazardous condition or occurrence which might present a clear
and present danger to the health, safety and welfare of the general
public.
(3)
Every fire or related condition or occurrence when requested by any
local Fire Department, fire district or duly authorized agency.
(4)
Every fire involving Town-owned buildings, lots or structures.
E.
It shall be the duty of the Fire Prevention Division, upon the request
of any local Fire Department or fire district or upon the request
of the Board of Fire Commissioners, to assist any local Fire Department,
fire district or any other duly authorized agency in the mitigation
of any hazardous condition or occurrence which might present a clear
and present danger to the health, safety and welfare of the general
public, when such event shall occur or may occur within the jurisdictional
boundaries of the Town of Smithtown.
[Amended 3-14-2000 by L.L. No. 4-2000]
Whenever the Fire Prevention Division shall find in any building,
lot or structure any dangerous or hazardous condition or material,
as described herein, it shall order such dangerous condition or material
to be removed or remedied in such manner as may be specified by a
Fire Marshal and prescribed by law:
A.
Dangerous or unlawful amounts of combustible or explosive or otherwise
hazardous material.
B.
Hazardous conditions arising from defective or improperly installed
equipment for handling or using combustible, explosive or otherwise
hazardous material.
C.
A dangerous accumulation of rubbish, wastepaper, boxes, shavings
or other highly flammable material.
D.
An accumulation of dust or waste material in air-handling systems
or of grease in kitchen or other exhaust ducts.
E.
Obstructions on or to fire escapes, stairs, passageways, doors or
windows liable to interfere with the operations of the Fire Department
or any rescue personnel or the ingress or egress of any individual
in case of fire or explosion.
F.
Any building, lot or structure which, for want of repair or neglect,
lacks adequate exit facilities, automatic or manually operated fire
alarm devices or apparatus or fire-extinguishing equipment or, by
reason of age or dilapidated condition or from any other cause, creates
a hazardous condition.
G.
Any violation of this chapter of the Code of the Town of Smithtown.
A.
The service of orders for the correction of any violation of this
chapter shall be made upon the owner, tenant or other person responsible
for the premises or one who purports or presents the appearance of
being responsible or in charge of the premises, either by delivering
a copy of same to such person or by delivering the same to and leaving
it with any person in charge of the premises or, in case no such person
is found upon the premises, by affixing a copy thereof in a conspicuous
place on said premises. Whenever it may be necessary to serve such
an order by affixing a copy thereof in a conspicuous place upon said
premises, another copy thereof shall be mailed, by certified mail
with return receipt requested, within 24 hours of posting, to the
person to whom it is directed at his last known business address or
place of residence.
B.
Nothing contained herein shall prevent the enforcement of this chapter
against any tenant, subtenant or occupant of any building, lot or
structure, except that no order or enforcement shall be made against
any tenant, subtenant or occupant if such order or enforcement requires
structural additions or changes to the building, lot or structure.
Such order or enforcement shall only be effective against the owner
of such building, lot or structure.
A.
No building or structure or part thereof shall be occupied or used
until a certificate of occupancy has been issued by the Building Director
of the Town of Smithtown.
[Amended 5-8-2007 by L.L. No. 5-2007]
B.
Every building or structure, except single-family residential homes,
shall be inspected by the Fire Prevention Division on an annual basis
to ensure that the structure or building is in full compliance with
all applicable laws, rules and regulations, as well as to ensure that
the structure or building is in compliance with the certificate of
occupancy.
[Amended 3-14-2000 by L.L. No. 4-2000]
C.
If said building or structure is in full compliance with all applicable
laws, rules and regulations, then the Fire Prevention Division shall
issue a certificate of compliance for the structure or building, prior
to the issuance of the certificate of occupancy. No certificate of
compliance shall be issued until such time as all applicable laws,
rules and regulations are being complied with.
[Amended 3-14-2000 by L.L. No. 4-2000]
D.
After a certificate of occupancy has been issued by the Building
Director, the Fire Prevention Division shall conduct annual inspections
to ensure continued compliance with the requirements of this Code.
[Amended 3-14-2000 by L.L. No. 4-2000; 5-8-2007 by L.L. No.
5-2007]
(1)
If such annual inspection reveals violations of any law, rule or
regulation, the Fire Prevention Division shall order the owner or
occupant to remedy any violations found in the structure or building.
If, in the opinion of the Fire Prevention Division, any building or
structure is unsafe for occupancy due to a condition which presents
an imminent threat to the health, safety or welfare of any occupant,
the Fire Prevention Division may order all occupants to vacate the
premises forthwith until such time as it is deemed safe and secure
by the Fire Prevention Division.
(2)
Except for the owner, no person shall enter premises which have been
ordered vacated unless authorized to perform inspections, repairs
or alterations or to remove or demolish such building or structure.
[Amended 3-14-2000 by L.L. No. 4-2000]
A.
All persons operating or owning any business or commercial activity
in the Town of Smithtown shall file a certificate of business registration
with the Fire Prevention Division. Such certificate of registration
shall contain the following information:
(1)
The name, address and telephone number of the landowner.
(2)
If a corporation, the name, address and telephone number of the President,
Vice President, Secretary and Treasurer. If a partnership or association,
the names, addresses and telephone numbers of all partners or associates.
(3)
The street address of the business or activity.
(4)
The Suffolk County Tax Map Number(s) [section, block and lot(s)].
(5)
The name, address and telephone number of all tenants.
(6)
The type of business or activity presently existing.
(7)
A list of all chemicals, flammable liquids, gases or other hazardous
materials kept or used on the premises or in conjunction with the
operation of the business or activity.
(8)
The name, address and phone number of a contact person in the event
of an emergency.
(9)
Any other information reasonably needed in order to effectuate the
purposes of this chapter.
B.
A new certificate of business registration shall be filed with the
Fire Prevention Division whenever any of the following conditions
occur:
(1)
There is any change in the ownership of the land, business, activity,
corporation, association or partnership.
(2)
There are any changes in the type of business or activity conducted
on the subject premises.
(3)
There is any change in the information supplied in a previously filed
certificate of business registration, including but not limited to
any change or addition to the type of chemicals, explosives, flammable
liquids, gases or other hazardous materials used or stored on the
subject premises which were not included in any previously issued
certificate of business registration.
C.
Upon the request of any governmental agency, department or political
subdivision, including but not limited to the Suffolk County Department
of Health Services, the New York State Department of Environmental
Conservation and the Department of Environment and Waterways of the
Town of Smithtown, the Fire Prevention Division shall furnish a copy
of any certificate of business registration to the requesting agency.
