[Adopted 6-25-1997 by L.L. No. 1-1997[1] (Ch. 17, Arts. III through V, of the 1977 Code)]
[1]
Editor's Note: This local law also specifically repealed Ch.
17, Part 2, Local Fire Prevention Code, adopted 4-29-1987 by L.L.
No. 1-1987.
The title of this article shall be cited and may be referred
to hereinafter as the "Rockland County Uniform Fire Prevention Code."
A.
The intent of this article is to prescribe minimum requirements necessary
to establish a reasonable level of life, safety and property protection
from the hazards created by fire and explosion.
B.
This article is designed to supplement and expand upon the requirements
of the New York State Uniform Fire Prevention and Building Code. Should
there be a discrepancy between this article and the New York State
Uniform Code, the more restrictive provision shall apply.
The provisions of this article shall apply equally to new and
existing conditions, except for the requirements for sprinkler and
fire alarm systems in existing premises. When existing premises are
renovated, converted or added to, and the cost of such addition, conversion
or renovation equals or exceeds 50% of the replacement cost of the
premises, such premises shall be brought into full compliance with
all provisions of this article. Existing conditions not in strict
compliance with the terms of this article may be permitted to continue
where the exceptions do not constitute a distinct hazard to life or
property. The Board of Appeals shall have the authority to grant a
waiver for the existing condition upon written application of the
person owning the installation concerned.
The Bureau of Fire Prevention shall function as a board of appeals
for all matters covered by this article. The Bureau of Fire Prevention
shall consist of the Fire Inspector, the Building Inspector and the
local Fire Chief/Building Inspector. All appeals shall be made in
writing to the Bureau of Fire Prevention.
This article shall be enforced by the Fire Inspector or Assistant
or Deputy Fire Inspector of the Village of Hillburn.
A.
The following fines and other penalties are hereby imposed, in addition
to the punishments imposed by other statute, law or ordinance, on
every person violating any of the requirements or other provisions
of the code: a fine not to exceed $500; imprisonment not to exceed
30 days.
B.
A sentence to pay a fine which is imposed on a corporation for an
offense defined in this article shall be in conformity with § 80.10
of the Penal Law.
C.
The continuation of an offense against the provisions of this article
shall constitute, for each day the offense is continued, a separate
and distinct offense hereunder.
The Fire Inspector or Assistant or Deputy Fire Inspectors may
at all reasonable hours enter any building or premises for the purpose
of making any inspection or investigation which, under the provisions
of this article, may be deemed necessary.
A.
It shall be the duty of the Fire Inspector or Assistant or Deputy
Fire Inspectors to inspect all buildings and premises, except single-family
and two-family dwellings, as often as may be necessary for the purpose
of ascertaining and causing to be corrected any condition liable to
cause a fire, contribute to the spread of a fire, interfere with fire-fighting
operations or endanger life, or any violation of the provisions or
intent of this article or any other ordinance or law affecting fire
safety.
B.
The Fire Inspector or Assistant or Deputy Fire Inspectors shall investigate
the cause, origin and circumstances of every fire occurring in the
Village of Hillburn which is of an unknown cause or of a suspicious
nature or involves the loss of life or injury to persons or has caused
substantial property damage. Such investigation shall be made as soon
as possible upon the occurrence of any such fire and, if it appears
that the fire is the result of arson, the Fire Inspector shall immediately
notify the proper authorities designated by law to investigate such
matters.
A.
The Fire Inspector or Assistant or Deputy Fire Inspectors charged
with the enforcement of this article, while acting for the Village
of Hillburn, shall not thereby be rendered liable personally and are
hereby relieved from all personal liability for any damage that may
accrue to persons or property as a result of any act required or permitted
in the discharge of official duties. Any suit instituted against any
officer or employee because of an act performed in the lawful discharge
of duties and under the provisions of the article shall be defended
by the legal representative of the Village until the final termination
of the proceedings. The Fire Inspector or any subordinates of the
Fire Inspector shall not be liable for costs in any action, suit or
proceeding that may be instituted in pursuance of the provisions of
this article, and any official, officer or employee acting in good
faith and without malice shall be free from any liability for acts
performed under any of its provisions or by reason of any act or omission
in the performance of the official duties in connection herewith.
B.
The Fire Inspector and the Village of Hillburn shall not be liable
under this article for any damage to person or property by reason
of the inspection or reinspection of buildings, structures or equipment
authorized herein or failure to inspect or reinspect such buildings,
structures or equipment or by reason of the approval or disapproval
of any building, structure or equipment authorized herein.
A.
Adequate exits shall be provided in all buildings, structures and
premises within the Village of Hillburn to ensure safe egress in case
of fire or other emergency. The location, number, type and other considerations
of exits shall be provided in accordance with requirements of the
New York State Uniform Fire Prevention and Building Code and the most
current edition of the National Fire Protection Association Life Safety
Code (NFPA 101).
B.
No furnishings, decorations or other objects shall be so placed as
to obstruct exits, access thereto, egress therefrom or visibility
thereof.
C.
Exit lights, emergency lighting and panic hardware shall be provided
in accordance with the requirements listed in Table 1.[1]
[1]
Editor's Note: Table 1, Fire Prevention Device Requirements, is included at the end of this chapter.
All electrical appliances, fixtures, and wiring shall be installed
in accordance with the current edition of the National Electrical
Code (NFPA 70). All electrical appliances, fixtures and wiring shall
be maintained so as not to be a fire hazard nor a source of ignition
for combustible or hazardous substances, materials or devices.
Where smoking is considered a fire hazard, the Fire Inspector
or Assistant or Deputy Fire Inspectors shall be authorized to order
the owner in writing to post "no smoking" signs in conspicuous designated
locations where smoking is prohibited. In areas where smoking is permitted,
noncombustible ashtrays shall be provided.
A.
Outdoor fires include all fires burning outdoors with the exception
of fires used to cook food in approved and/or recognized grills or
stoves.
B.
All outdoor fires are prohibited with the exception of live burn
drills conducted by the Fire Department, fires for religious purposes
or for other purposes as specifically approved by the Fire Inspector.
Prior approval from the Rockland County Health Department and a permit
from the Fire Inspector are required for all outdoor fires. Any other
person, firm or corporation starting, maintaining or having control
over an outdoor fire would be in violation of this article.
A.
The Fire Inspector or Assistant or Deputy Fire Inspector, in cooperation
with the Chief of Police and the Fire Chief, is authorized, pursuant
to the authority granted under § 1660-a of the Vehicle and
Traffic Law of the State of New York and § 130, Subdivision
5, of the Town Law of the State of New York, to determine and establish
appropriate fire lanes and fire zones at parking areas, driveways,
private streets and roadways of all premises except one- and two-family
dwellings.
B.
Fire lanes shall be provided for all buildings that are set back
more that 100 feet from a public road or exceed 30 feet in height
and are set back over 50 feet from a public road. Where buildings
are protected throughout with an approved automatic sprinkler system,
the provisions of this section may be modified by the Fire Inspector.
C.
Fire lanes shall not be less than 20 feet of unobstructed width,
able to withstand live loads of fire apparatus and have a minimum
of 13 feet six inches of vertical clearance.
D.
Fire zones and fire lanes shall be marked with freestanding signs
with the words NO STANDING — NO PARKING — FIRE
LANE (or ZONE) and appropriate yellow pavement markings installed
in conformance with the New York State Uniform Traffic Code requirements.
E.
No motor vehicle shall park, stand or remain unattended in an established
fire zone or fire lane. Fire zones and lanes shall be maintained free
of all obstructions at all times.
F.
More restrictive provisions for fire lanes may be imposed by the
Fire Inspector.
A.
When a structure is protected by an automatic fire alarm system or
fire-suppression system and access to or within the structure is unduly
difficult because of secured openings and where immediate access is
necessary for lifesaving or fire-fighting purposes, the Fire Inspector
may require a key box to be installed in an approved location.
B.
All new business, mercantile, industrial, storage, assembly, institutional
and three-or-more-story multiple residences, constructed, altered
or changed in use after the effective date of the article, shall have
installed a key box in an approved location. Such key boxes shall
be installed prior to the issuance of a certificate of occupancy.
C.
The key box shall be of the type approved by the Fire Inspector and,
in order to maintain uniformity throughout Rockland County, order
forms for said key box must be obtained from the Fire Inspector.
D.
The key box shall contain:
(1)
Keys to locked points of ingress, whether on the interior or exterior
of such structures.
(2)
Keys to locked mechanical rooms.
(3)
Keys to locked electrical rooms.
(4)
Keys to elevator controls.
(5)
Keys to other areas as directed by the Fire Inspector or Fire Chief.
(6)
The layout of the building showing the locations of the above.
(7)
Other information as requested by the Fire Inspector or Fire Chief.
New and existing buildings shall have approved address numbers
placed in a position to be plainly legible and visible from the street
or road fronting the property. These numbers shall contrast with their
background. The numbers should be at least four inches in height and,
if possible, made of a reflective material or night visibility.
Every outside opening accessible to the Fire Department that
opens directly on any hoistway or shaftway communicating between two
or more floors in a building shall be plainly marked with the word
SHAFTWAY in red letters at least six inches high on a white background;
such warning signs shall be placed as to be readily discernible from
the outside of the building.
Stairways serving four or more stories shall be provided with
signs indicating floor level, roof access or no roof access and reentry
locations, in accordance with the National Fire Protection Association
Life Safety Code (NFPA 191).
A.
Upon inspection and identification of a building, other than a one-
or two-family dwelling, of truss, wood I-beam or other lightweight-type
construction, the owner/occupant shall be notified by the Fire Inspector
of the requirements of this article.
B.
Upon notification, the owner/operator will be required to permanently
affix an approved twelve-inch-by-eighteen-inch reflective truss construction
identification logo on the building. The exact location shall be identified
by the Fire Inspector. The identification logos shall be properly
installed within 10 days of receipt of written notice.
C.
The Fire Inspector should notify the local fire chief of any building
with lightweight construction. This information should be provided
to the Rockland County Fire Control Center to be included in the Rockland
County computer dispatch system database.
A.
Every person owning or having control of any vacant building shall
remove all combustible waste and refuse therefrom and lock, barricade
or otherwise secure all windows, doors and other openings in the building
to prohibit entry by unauthorized persons.
B.
Buildings that are vacant shall maintain all required fire detection
and suppression systems in service.
The use of grills, barbecues or other devices for cooking food
utilizing propane or producing an open flame shall be prohibited within
10 feet of any building used as a multiple dwelling. The storage of
propane or any other fuel used for such devices inside any building
shall also be prohibited.
Where the use of security gates is permitted, such gates shall
provide unobstructed view of at least 50% of the door(s), window(s)
or other building opening(s) which is protected by the security gate
when the security gate is in place.
A.
In accordance with Table I,[1] all buildings and structures occupied for purposes other
than residential buildings with less than six units that exceed 5,000
square feet of total floor area, or a place of assembly with an occupant
load of more than 100 persons, except assembly spaces used expressly
for religious purposes, shall be fully protected by an automatic sprinkler
system.
[1]
Editor's Note: Table I, Fire Prevention Device Requirements, is included at the end of this chapter.
B.
All sprinkler systems shall be installed and maintained in accordance
with the most current edition of the National Fire Protection Association
Standard for Sprinkler Systems (NFPA 13) or the appropriate NFPA standard
for special occupancies.
C.
All sprinkler system components shall be tested and inspected in
accordance with National Fire Protection Association Standard for
the Inspection, Testing and Maintenance of Water-Based Fire Protection
Systems (NFPA 25). Copies of all service, repair, inspection and testing
reports shall be forwarded to the Fire Inspector within 10 days of
such service, repair, inspection or testing.
A.
All places of public assembly where the maximum number of occupants
permitted is 50 to 199 shall have an approved automatic fire detection
system, pursuant to Title 19 NYCRR Part 430, § 430.4.
B.
All buildings of residential occupancy in which there are two families
or less.
C.
Sprinkler system requirements may be waived for areas of unusual
occupancy, such as where water damage would be irreparable, i.e.,
art galleries and certain libraries. Such waiver is to be accomplished
through an application for waiver to the Fire Inspector.
D.
Those buildings or part of buildings for which the sprinkler system
requirement is waived pursuant to this subsection shall be equipped
with a type of fire-detection or -extinguishing system that will meet
the standards of the National Fire Protection Association. For example,
in a large computer area, an approved halon extinguishing system may
be installed.
E.
All buildings utilized solely for purposes of religion and religious
worship.
In order to ensure that firefighters utilize the proper siamese
connection, all siamese connections and/or the protective covers installed
on the siamese connection shall be color coded, as follows:
|
Color
|
Type of Connection
|
|---|---|
|
Red
|
Siamese supplying a standpipe (fire hose) system
|
|
Green
|
Siamese supplying a sprinkler system
|
|
Yellow
|
Siamese supplying a combination standpipe and sprinkler system
|
A.
All buildings and structures other than one-family and two-family
residences shall be equipped with fire-detection and alarm systems
as described in Table I.[1] A sprinkler system with a water-flow device monitored
to immediately send an alarm to the Fire Department shall be considered
a fire-detection system.
[1]
Editor's Note: Table I, Fire Prevention Device Requirements, is included at the end of this chapter.
B.
Where a one-hundred-ten-volt (hardwired) smoke detector is required
to be installed in any building (including a one- or two-family dwelling)
by the New York State Uniform Fire Prevention and Building Code or
any other applicable regulation, such smoke detector shall be equipped
with a battery backup to ensure operation of the smoke detector in
the event of a power interruption.
C.
All fire detection and alarm systems shall be installed and maintained
in accordance with the most current edition of the National Fire Protection
Association Fire Alarm Code (NFPA 72). Copies of all service, repair,
inspection and testing reports shall be forwarded to the Fire Inspector
within 10 days of such service, repair, inspection or testing.
D.
The Fire Inspector shall be notified in writing prior to the installation
of any fire-alarm or fire-detection system. Such notification shall
consist of plans sufficient to determine compliance with the fire
code.
E.
Fire-alarm or fire-detection systems shall have an annunciation or
remote located at or near the main entrance of the building. Such
annunciation shall show the location and type of alarm. A floor plan
of the protected premises shall also be provided at this location.
The location of any annunciator or panel not clearly visible upon
entry of the main entrance of a building shall be marked with a sign.
F.
Upon activation of a fire alarm, the persons in charge of a premises
shall cause the premises to be evacuated unless an evacuation plan,
preapproved by the Fire Inspector and Fire Department, is in place.
In such case, the provisions of the plan shall be followed.
G.
No fire system shall be reset from an alarm condition unless approved
by the Fire Inspector or Fire Department officer-in-charge. A sign
stating such shall be provided on all fire alarm panels capable of
resetting an alarm.
H.
The owner or responsible party of any premises containing a fire-alarm
or fire-detection system shall ensure that a qualified technician
is available to respond within two hours of notification to initiate
needed repair or service of the system.
I.
If the fire-alarm-system signal transmission to the alarm-receiving
station is not tested on a daily basis, all dedicated phone lines
used for the purpose of transmitting fire-alarm signals shall be equipped
with a visual/audio signal on the exterior of the building to operate
in the event of a line failure or disablement. It shall be the sole
responsibility of the property owner to maintain all dedicated fire-alarm-system
phone lines active at all times.
Portable fire extinguishers, installed and maintained in accordance
with Nation Fire Protection Association Standard No. 10, the Standard
for Portable Fire Extinguishers, shall be provided in all occupancies
as required by Table I.[1]
[1]
Editor's Note: Table I, Fire Prevention Device Requirements, is included at the end of this chapter.
A.
All commercial cooking appliances, exhaust removal systems, ductwork
and related equipment shall be protected by an automatic fire-extinguishing
system installed and maintained in compliance with current applicable
National Fire Protection Association Standards.
B.
These systems shall be inspected by an approved service firm on a
semiannual basis. To ensure proper inspection, a uniform inspection
form, provided by the Fire Inspector, shall be utilized with a copy
of the completed form forwarded to the Fire Inspector within 10 days
of the inspection.
Wherever deemed necessary for the protection of a special hazard,
the Fire Inspector may require the installation of a special extinguishing
system. Any such special extinguishing system shall be installed and
maintained in accordance with the most current applicable National
Fire Protection Association Standards.
A.
In order to notify responding firefighters of conditions within a
building or structure equipped with sprinkler systems, fire-alarm
systems or containing hazardous materials or other hazards to firefighters,
identification strobe lights shall be installed on the exterior of
the building as follows:
|
Color of Light
|
Indication
| |
|---|---|---|
|
Red strobe
|
Located above the Fire Department siamese connection of sprinklered
building to indicate activation of the water-flow alarm
| |
|
Yellow strobe
|
Installed to indicate activation of a pull station, smoke detector,
heat detector or other alarm device
| |
|
Blue strobe
|
Installed to indicate the presence of hazardous materials, conditions
or other danger to firefighters
|
B.
The exact location of these lights shall be determined by the Fire
Inspector.
Where identification of buildings and structures containing
hazardous materials is required in accordance with the New York State
Uniform Fire Prevention and Building Code, the National Fire Protection
Association Hazardous Materials Identification System (NFPA 704) shall
be utilized.
A.
An annual certificate of compliance to ensure compliance with all
requirements of this article and the New York State Uniform Fire Prevention
and Building Code shall be required for all uses and occupancies of
property other than one- or two-family dwellings. Such certificate
does not take the place of any other permits or certificates required
by law. It shall not be transferable, and any change in the use or
occupancy of premises shall require a new certificate.
B.
Before a certificate of compliance may be issued, a Fire Inspector
or Deputy or Assistant Fire Inspector shall make such inspections
or tests as are necessary to assure that the provisions of this article
and the New York State Uniform Fire Prevention and Building Code are
being complied with.
C.
Any certificates of compliance required under the provisions of this
section shall be issued by the Building Department upon approval of
the Fire Inspector, and such certificate shall be posted or displayed
in a conspicuous place on the premises.
D.
The Village of Hillburn may require applicants to submit written
applications supplying under affidavit such information needed for
fire protection purposes as requested by the Fire Inspector and/or
Fire Department.
E.
Fees for certificates of compliance for new or changed uses and annual
inspection fees payable each year for the specific uses subject to
inspection by the Fire Inspector shall be established from time to
time by resolution of the Hillburn Village Board.
Whenever a provision of this article imposes or prescribes any
greater requirement or higher standard on premises, buildings or structures
or on the use thereof than is imposed or prescribed by any other law,
ordinance, rule or regulation, the provisions of this article shall
govern.
