[Amended 9-11-2001; 12-12-2006; 5-22-2007; 9-11-2007; 4-29-2008; 5-28-2008; 8-4-2015; 12-17-2019]
All new construction shall comply in all respects with minimum standards as established and maintained by any and all applicable federal, state, county and local rules and regulations, including, but not limited to, the New York State Uniform Fire Prevention and Building Code (Uniform Code), the State Energy Conservation Construction Code (Energy Code), the National Electric Code (NEC), Suffolk County Department of Health Services (SCDHS) regulations, and the Islip Town Code.
A. Building and structures: unsafe.
(1) Purpose. Within the Town there exist, from time to time, structures which have become dangerous, unsound, unsafe or hazardous and which thereby pose a threat to the health and welfare of Town residents. The Town Board declares that it is the obligation of persons responsible for such structures to repair or remove them after being notified of their condition. In the event that the repair or removal is not voluntarily accomplished, it is the purpose of this ordinance to secure such repair or removal and charge the cost thereof to the owner of the premises.
(2) Enforcement. This chapter shall be enforced by the Commissioner of Planning or the Commissioner's designee. He/she is hereby authorized to make inspections of all types of structures throughout the Town, to declare such structures to be unsafe, hazardous or public nuisances and to make such structures safe in accordance with the procedures outlined in the chapter. The Town Attorney, on advice of an engineer, shall be designated an authorized agent of the Commissioner of Planning.
(3) Declaration of public nuisance. Any structure, as defined in Chapter
68 of the Code, which in the opinion of the Commissioner of Planning or the Commissioner's designee has become dangerous, unsound, unsafe or hazardous as a result of fire, neglect, disrepair, structural failure, collapse, vandalism or any other means shall be declared a public nuisance. Such nuisance shall include any unoccupied structure which is not secured from entry by having all windows, doors and openings secured in accordance with the Commissioner of Planning or the Commissioner's designee's specifications.
(a) The occupants of any such building or structure shall vacate the premises forthwith. No person shall use or occupy such building or structure until it is deemed safe and secure by the Commissioner of Planning or the Commissioner's designee.
(b) Except for the owner, no person shall enter premises which have been ordered vacated unless authorized to perform inspections, repairs or to demolish and remove such building or structure.
(4) Public nuisances prohibited. A public nuisance, as declared in this chapter, is a prohibited condition and shall be removed in accordance with the Commissioner of Planning or the Commissioner's designee's specifications.
(5) Removal of public nuisance, A public nuisance may be removed without the owner's consent in accordance with the following procedure:
(a) Notice. A notice shall be served as set forth herein. The notice shall contain the following:
[1] A description of the premises, consisting of street address and Tax Map number.
[2] The name and address of the last known owner of the premises as indicated in the records of the Town Assessor or the Tax Receiver.
[3] A statement of particulars in which the building or structure is unsafe or dangerous and a public nuisance.
[4] A statement of the time within which work must be commenced to remove the nuisance.
[5] Notice of the time and place of hearing before the Town Board for the purpose of determining, in the event that the repair or removal is not voluntarily completed, whether the Town shall accomplish such repair work or removal.
(b) Filing of notice. Within 10 days of service on the owner or his representative, a copy of such notice shall be filed in the office of the Suffolk County Clerk, together with a statement of the names of parties involved, the object of the notice and a description of the property affected. A notice so filed shall be effective for one year from the date of filing, unless sooner vacated by court order or by consent of the Town Attorney.
(c) Hearing. The Town Board shall hold a hearing at the time and place specified in the notice to determine whether the repair or removal of the public nuisance shall be accomplished by the Town. At such hearing, the affected owner or his representative may present evidence in opposition to the determination of the Commissioner of Planning or the Commissioner's designee.
(6) Declaration of immediate hazard. A public nuisance may be declared an immediate hazard by the Commissioner of Planning or the Commissioner's designee when there is imminent danger of failure or collapse of a building or structure which endangers life, or when any structure or part of a structure has fallen and life is endangered by the occupation of the structure, or when there is actual or potential danger to the building occupants or those in the proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or dangerous equipment.
(a) The occupants of any such building or structure shall vacate the premises forthwith. No person shall use or occupy such building or structure until it is deemed safe and secure by the Commissioner of Planning or the Commissioner's designee.
(b) Except for the owner, no person shall enter premises which have been ordered vacated unless authorized to perform inspections, repairs or to demolish and remove such building or structure.
(7) Removal of immediate hazard. Whenever the Commissioner of Planning or the Commissioner's designee declares that a premises contains an immediate hazard, he is hereby authorized to specify the work required to remove the hazard, to order the property owner to remove the hazard and to remove the hazard if such hazard is not removed within a specified time period.
(a) Notice and order. The Commissioner of Planning or the Commissioner's designee shall notify the property owner or his agent of the hazard by telephone, in person or by certified mail and shall specify the work required and specify the length of time during which the work must be commenced. He shall also advise the property owner or his agent of the consequences of the failure to comply.
(b) Failure to comply. In the event that the owner neglects or refuses to comply with the Commissioner of Planning or the Commissioner's designee order, in the specified time, or in the event that the Commissioner of Planning or the Commissioner's designee is not able to contact the owner or his agent, making a diligent effort to do so, the Commissioner of Planning or the Commissioner's designee is authorized to proceed with the required work to remove the hazard and to include all costs incurred by the Town of Islip in the next regularly scheduled tax bill in accordance with this chapter. Such work may include, but is not limited to, emergency repair or demolition and removal of all or part of the building(s) or structure(s), including foundations, the installation of fencing, and boarding and securing.
(8) Service of notice. The service of any notice provided for herein may be made upon the owner, one of the owner's executors, legal representatives, agents, lessees or any other person having a vested or contingent interest in the unsafe structure. Service shall be either personally or by registered mail addressed to the last known address, if any, of the owner or of one of such other named persons, as such address is shown in the records of the Receiver of Taxes or in the office of the County Clerk, together with posting a copy of the notice on the premises.
(9) Statement of expenses. When the Town has effected the removal of the public nuisance or hazard pursuant to this chapter, the Commissioner of Planning or the Commissioner's designee shall prepare a statement of all costs and expenses incurred by the Town in connection with the proceedings to remove or secure, including but not limited to clerical, mailing and administrative costs and the actual cost of removal of the nuisance or hazard, whether the work was performed by the Town or by the contractor paid by the Town. Such statement shall also contain a description of the property which caused the Town to incur such expenses and the name of the reputed owner of said property. The statement shall be prima facie evidence that all legal formalities have been complied with and that the ordered work has been completed properly and satisfactorily. Such statement, when filed, shall be full notice to every person concerned that the amount of the statement constitutes a charge against the property described in the statement and that the amount is due and collectible as provided in this chapter.
(10) Retrieval of expenses.
(a) Filing. Signed copies of the Commissioner of Planning or the Commissioner's designee sworn statement of expenses shall be filed with the Assessor of the Town of Islip, and such costs shall be assessed against the land on which said buildings are or were located.
(b) Town Assessor. The Town Assessor shall annex the amount of the statement as a special assessment to the property named in the statement and shall not remove same until notified by the Receiver of Taxes that the amount due has been collected in full.
(c) Receiver of Taxes. The Receiver of Taxes shall include the amount of the statement on the next regular tax bill for the property named in the statement.
(d) Civil action. Repayment of costs may also be pursued by a civil action in any court of competent jurisdiction.
(11) Waiver of hearing. The property owner may waive the necessity of a hearing and grant the Town permission, in writing, to remove the public nuisance. In this event, the expenses incurred by the Town may be included in the next tax bill in accordance with the procedure set forth in this ordinance.
(12) Severability. If any section, paragraph, subdivision, clause, phrase or provision of this Subsection
A shall be declared invalid or held unconstitutional, the same shall not affect the validity of this Subsection
A as a whole or part or provision thereof other than the part so declared to be invalid and unconstitutional.
(13) Adoption of provisions. This ordinance, effective June 21, 1937, was recodified on December 16, 1980.
B. Minimum housing standards.
(1) This provision shall be known as "minimum housing standards."
(2) Legislative intent.
(a) The purpose of this Subsection
B is to provide basic and uniform standards, in terms of performance objectives implemented by specific requirements, governing the condition, occupancy and maintenance of occupied premises and unoccupied premises and establishing reasonable safeguards for the safety, health and welfare of the occupants and users of said premises, the community and the general public.
(b) It is the concern of the Town Board that appropriate standards be enacted regarding the exterior maintenance of properties within the Town which are covered by this chapter. It is recognized that the enforcement of such minimum standards is in the interest of all persons to ensure the stability and to prevent the deterioration of neighborhoods, as well as to promote the health and welfare of all Town residents by protecting the quality of housing.
(3) Applicability. This Subsection
B shall apply to all residential premises as follows:
(a) Lots, plots or parcels of land on which residential buildings, buildings of varied occupancy or accessory structures are located.
(b) Residential buildings, including one- and two-family dwellings and multiple dwellings, as defined herein, except as specifically excluded in §
68-30B(4).
(c) Residential occupancies in buildings of mixed occupancy.
(d) Accessory structures, accessory to residential occupancies.
(4) Exceptions. This Subsection
B shall not apply to nursing and convalescent homes, public hospitals, camps, travel trailers, trailer parks or one-family dwellings located in a BAA District where the same are rented only from June 1 up to and including September 10.
(5) Most restrictive regulations to prevail. Where a provision of this Subsection
B is found to be in conflict with a provision of a zoning, building or health ordinance, or regulation adopted pursuant thereto or other local law, ordinance, code or regulation, the provision or requirement which is the more restrictive or which establishes the higher standard shall prevail.
(6) Existing remedies. Nothing in this Subsection
B shall be deemed to abolish or impair existing remedies of the Town of Islip relating to the removal or demolition of any buildings which are deemed to be dangerous, unsafe or unsanitary or otherwise subject to lawful removal of demolition pursuant to law.
(7) Severability. If a term, part, provision, section, subdivision or paragraph of this Subsection
B shall be held unconstitutional, invalid or ineffective, in whole or in part, such determination shall not be deemed to invalidate the remaining terms, parts, provisions, sections, subdivisions and paragraphs.
(8) General requirements.
(a) Plumbing systems shall be maintained in sanitary and serviceable condition.
(b) Plumbing systems shall be maintained so as not to weaken structural members or cause damage or deterioration to any part of the building through fixture usage.
(9) Sewage drainage system.
(a) Plumbing fixtures shall be drained to a sewage drainage system and such system shall be connected to a Suffolk County Department of Health Services approval system of sewage disposal.
(b) Substances which will produce explosive mixtures, destroy the pipes or their joints or interfere unduly with the sewage disposal process shall not be discharged into the building drainage system unless it is provided with devices suitable for intercepting such substances.
(c) Each fixture directly connected to the sewage drainage system shall be equipped with a water-seal trap.
(d) Adequate cleanouts shall be provided and maintained so that the pipes may be readily cleaned.
(e) The drainage system and its attendant vent piping shall be maintained so as to provide adequate circulation of air in all pipes in order that siphonage, aspiration or pressure will not cause a loss of trap seal under ordinary conditions of use.
(f) Drains provided for fixtures, devices, appliances or apparatus containing food, water, sterile goods or similar materials shall be equipped with air brakes adequate to prevent contamination of such contents from any possible backup of sewage through the direct or indirect drainage piping.
(10) Commissioner of Planning or the Commissioner's designee designated official inspector. The Commissioner of Planning or the Commissioner's designee of the Town of Islip is authorized to make or cause to be made inspections to determine the condition of dwellings, dwelling units, rooming houses, rooming units and premises in order to safeguard the health, safety, morals and welfare of the public. The Commissioner of Planning or the Commissioner's designee are authorized to enter any dwelling, dwelling unit, rooming house, rooming unit or premises at any reasonable time during daylight hours or at such other time as may be necessary in an emergency for the purpose of performing the Commissioner's duties under this Subsection
B.
(11) Access to dwellings. The owner, operator or occupant of every dwelling, dwelling unit, rooming house, rooming unit or premises shall give access to such dwelling, dwelling unit, rooming house, rooming unit and premises for the purpose of such inspections at any reasonable time during daylight hours or at such times as may be necessary in an emergency.
(12) Identification of inspectors. Inspectors and authorized personnel of the Building Division shall be supplied with official identification when entering any dwelling, dwelling unit. rooming house, rooming unit or premises.
(13) Emergencies: power to act. Whenever the Commissioner of Planning or the Commissioner's designee finds a violation of this Subsection
B exists which, in the Commissioner's opinion, requires immediate action to abate a direct hazard or immediate danger to the health, safety or welfare of the occupants of the building or of the public, he may, by telephone notice to the owner, agent, operator or occupant, or without prior notice, issue an order citing the violation and directing that such action be taken as is necessary to remove or abate the hazard or danger. Such order may include an order to vacate. Notwithstanding any other provision of this Subsection
B, such an order shall be effective immediately upon service and shall be complied with immediately or as otherwise provided.
(14) Extension of compliance time. The Commissioner of Planning or the Commissioner's designee may extend the compliance time specified in any notice or order issued under the provisions of this Subsection
B where there is evidence of intent to comply within the period specified, provided that reasonable conditions exist which prevent immediate compliance.
(15) Abatement of hazards in emergencies. Whenever any violation of this Subsection
B, which, in the opinion of the Commissioner of Planning or the Commissioner's designee, causes a direct hazard or immediate danger to the health and safety of the occupants of a building or the public, has not been corrected in the time specified by the order issued, the Commissioner of Planning or the Commissioner's designee may take such direct action as is necessary to abate the hazard or danger, including demolition. Expenses incurred in the execution of such orders shall be recovered as provided herein.
(16) Recovery of costs and expenses. The expenses incurred pursuant to §
68-30B(15) of this chapter shall be paid by the owner or occupant of the premises or by the person who caused such violation to exist, as follows:
(a) The Commissioner of Planning or the Commissioner's designee shall file among his records an affidavit stating with fairness and accuracy the items of expenses and the date of the execution of actions authorized under this chapter. A copy of such affidavit shall be served upon the owner or occupant of the premises as provided in this chapter.
(b) Within 10 days thereafter, the owner or occupant upon whom such affidavit has been served may file with the Commissioner of Planning or the Commissioner's designee a written request for a hearing with the Building Inspector and the Town Attorney to contest any items of expenses set forth in the affidavit of the Commissioner, of Planning or the Commissioner's designee. If such a request is not received within 10 days, the affidavit of the Building Director shall be final and binding upon the owner or occupant.
(c) At such hearing, the applicant or his representative shall be given an opportunity to show cause why the items of expenses listed in the affidavit of the Commissioner of Planning or the Commissioner's designee are not accurate.
(d) Upon the completion of all work under §
68-30B(15) of this chapter, the Commissioner of Planning or the Commissioner's designee shall file among his records an affidavit fully stating all items of expenses incurred. A copy of the same shall be served upon the owner or occupant as provided in this chapter.
(e) The Commissioner of Planning or the Commissioner's designee may institute an action in the Supreme Court to recover such expenses against any person liable therefor or may cause a report setting forth all items of expenses incurred under §
68-30B(15) of this chapter to be filed with the Town Board of the Town of Islip.
(f) The Town Board, after a public hearing and notice by mail to the owner or occupant of the premises. may cause the items of expenses incurred pursuant to actions authorized by §
68-30B(15) of this ordinance to be assessed against the land upon which the building or structures are located. Said amount shall be reported to the Assessor of the Town of Islip as an assessment to be included in the next succeeding assessment roll on the Town of Islip to be thereafter prepared.
(17) Administrative liability. No Building Inspector, officer, agent or employee of the Town of Islip shall render himself personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties under this Subsection
B. Any suit brought against any officer, agent or employee of the Town of Islip as a result of any act required or permitted in the discharge of his duties under this Subsection
B shall be defended by an attorney appointed by the Town Attorney until the final determination of the proceedings therein.
(18) Designation of unfit structures. Any dwelling or dwelling units, rooming house or rooming unit or premises having any of the defects found in Subsection
B(18) (a), (b), (c) and (d) below may be designated by the Commissioner's of Planning or the Commissioner's designee as unfit for human habitation or use and may be so placarded.
(a) The structure lacks illumination, ventilation, sanitation, heat or other facilities adequate to protect the health and safety of the occupants or the public, as are required by this ordinance.
(b) The structure is damaged, decayed, dilapidated, unsanitary, unsafe or vermin-infested in such a manner as to create a serious hazard to the health and safety of the occupants or the public.
(c) The structure or premises, including foundations, because of the general conditions, state of the premises or number of occupants, is so unsanitary, unsafe, overcrowded or otherwise detrimental to health and safety that it creates a serious hazard to the occupants or the public.
(d) The structure, because of the failure of the owner or occupant to comply with such notices or orders issued pursuant to this Subsection
B, is unfit for human habitation or usage.
(19) Notice of intent to vacate. Whenever the Commissioner of Planning or the Commissioner's designee determines that a dwelling unit, rooming house or rooming unit or premises is unfit for human habitation or use as provided in §
68-30B(18), he/she may include such finding within the notice of violation provided for in this chapter. He/she may also include a notice of his intent to vacate and placard the dwelling, dwelling unit, rooming house or rooming unit or premises if compliance with the provisions of the notice of violation is not secured within the time specified.
(20) Order to vacate. Whenever a notice of violation, as provided in §
68-30B(19) of this chapter, has not been complied with, the Commissioner of Planning or the Commissioner's designee may order the dwelling, dwelling unit, rooming unit or rooming house to be vacated. A copy of such order to vacate shall be served on the occupant and owner, agent or operator, as provided in this chapter.
(21) Vacation of unfit structures and premises. Any dwelling, dwelling unit, rooming house or rooming unit or premises designated as unit for human habitation or use pursuant to §
68-30B(18) and ordered to be vacated as provided in §
68-30B(20) shall be vacated within such reasonable time as the Commissioner of Planning or the Commissioner's designee may specify in the order. No such dwelling or dwelling unit shall again be used for human habitation, or placard removed, until written approval is secured from the Commissioner of Planning or the Commissioner's designee.
(22) Removal of placard restricted. No person shall deface or remove the placard from any dwelling, dwelling unit, rooming house or rooming unit which has been designated as unfit for human habitation, except as provided in §§
68-30B(21).
(23) Unfit structures made secure. The owner, agent or operator of any dwelling, dwelling unit, rooming house or rooming unit or premises which has been designated as unfit for human habitation and vacated shall make such dwelling, dwelling unit, rooming house or rooming unit safe and secure in whatever manner the Commissioner of Planning or the Commissioner's designee shall deem necessary. Any vacant building open at the doors and windows, if unguarded, shall be deemed a direct hazard or immediate danger to the health and safety of the general public.
(24) Demolition. Whenever the Commissioner of Planning or the Commissioner's designee designates a building unfit for human habitation, the Building Inspector may institute proceeding pursuant to this chapter to remove and demolish the said structure or building. The expenses thereof may be recovered pursuant to §
68-30B(16) herein.
(25) Responsibility of owners.
(a) Owners of premises shall be responsible for compliance with the Subsection
B and shall remain responsible therefor regardless of the fact that this section may also place certain responsibilities on operators and occupants and regardless of any agreements between owners and operators or occupants as to which party shall assume such responsibility.
(b) Owners of premises shall be responsible for proper maintenance, condition and operation of service facilities and for furnishing adequate heat and hotwater supply in multiple dwellings.
(26) Responsibility of occupants. Occupants of dwelling units shall be responsible for compliance with this Subsection
B in regard to the following:
(a) Limiting occupancy of that part of the premises which he occupies or controls to the maximum permitted by the ordinance.
(b) Maintenance of that part of the premises which he occupies or controls in a clean, sanitary and safe condition.
(c) Maintenance of all plumbing, cooking and refrigeration fixtures and appliances, as well as other building equipment and storage facilities in that part of the premises which he occupies or controls, in a clean and sanitary condition, and providing reasonable care in the operation and use thereof.
(d) Keeping exits from his dwelling unit clear and unencumbered.
(e) Disposal of garbage and refuse into provided facilities in a clean and sanitary manner.
(27) Revocation of certificate of occupancy; injunction proceedings. Any certificate of occupancy may be revoked and injunction proceedings may be maintained by the Town of Islip, in addition to any other remedy hereunder, in the event of a continuing violation or a refusal or failure to comply with this chapter. Failure or refusal to procure a permit required under the Town Code shall be a violation.
(29) Fees. The Commissioner of the Department of Planning and Development shall set such fees as he or she deems appropriate. However, said fees may be modified by the Town Board in its discretion.
C. Fire prevention.
(1) Interpretation of terms. For the purpose of this chapter, as well as all other provisions of the Code of the Town of Islip, the term "Chief of the Bureau of Fire Prevention" shall mean any Fire Marshal employed by the Town of Islip.
(2) Right of entry.
(a) The Chief of the Fire Department, the administrative head of any code enforcement department or division, Chief of the Bureau of Fire Prevention or any inspector thereof may, at all reasonable hours, enter any building or premises for the purposes of making any inspection or investigation which, under the provision of this Code, he or they may deem necessary to be made.
(b) Public buildings not under jurisdiction of the Town as to construction shall not be subject to inspection or to the terms of this chapter.
(3) Inspection of buildings and premises.
(a) It shall be the duty of the Chief of the Fire Department to inspect or cause to be inspected by the Bureau of Fire Prevention or by the Fire Department officers or members all buildings and premises, except the interiors of one-family dwellings, as often as may be necessary for the purpose of ascertaining and causing to be corrected any conditions liable to cause fire, endanger life from fire, or any violations of the provisions or intent of this Code, and of any other ordinance affecting the fire hazard. The Chief of the Fire Department making such inspections shall report any violations or conditions alleged to constitute violations to the Chief of the Bureau of Fire Prevention.
(b) The Chief of the Fire Department, the administrative head of any code enforcement department or division, Chief of the Bureau of Fire Prevention or an inspector, upon request of the owner or occupant or upon the complaint of any person or whenever he or they shall deem it necessary, shall inspect any buildings and premises within their jurisdiction.
(c) Condominium projects and multiple-occupant dwellings require inspection of common areas. The Chief of the Fire Department, the administrative head of any code enforcement department or division, the Chief of the Bureau of Fire Prevention or an inspector, upon the request of any owner or occupant of a condominium unit or upon the complaint of any person or whenever he or they shall deem it necessary, shall inspect the common buildings and/or premises of that condominium development.
(4) Orders to eliminate dangerous or hazardous conditions.
(a) Whenever any inspectors of the Bureau of Fire Prevention shall find in any building or upon any premises dangerous or hazardous conditions or materials as follows, he or they shall order such dangerous conditions or materials to be removed or remedied in such manner as may be specified by the Chief of the Bureau of Fire Prevention.
(b) Whenever any of the officers, members or inspectors of the Fire Department or Bureau of Fire Prevention shall find in any building or upon any premises dangerous or hazardous conditions or materials as follows, he or they shall order such dangerous conditions or materials to be removed or remedied in such manner as may be specified by the Chief of the Bureau of Fire Prevention.
[1] Dangerous or unlawful amounts of combustible or explosive or otherwise hazardous materials.
[2] Hazardous conditions arising from defective or improperly installed equipment for handling or using combustible or explosive or otherwise hazardous materials.
[3] Dangerous accumulations of rubbish, wastepaper, boxes, shavings or other highly flammable materials.
[4] Accumulations of dust or waste material in air-conditioning or ventilating systems or of grease in kitchen or other exhaust ducts.
[5] Obstructions to or on fire escapes, stairs, passageways, doors or windows, liable to interfere with the operations of the Fire Department or egress of occupants in case of fire.
[6] Any building or other structure which, for want of repairs, lack of adequate exit facilities, automatic or other fire alarm apparatus or fire-extinguishing equipment, or reason of age or dilapidated condition, or from any other cause, creates a hazardous condition.
[7] No parking in fire zones. No persons shall park or leave standing any vehicle in any area designated or marked as a fire zone, nor shall any area so designated be used for the storage of any material or used in any way that will obstruct the same or render the same inaccessible by fire apparatus.
(5) Service of orders.
(a) The service of orders for the correction of violations of this Subsection
C shall be made upon the owner, occupant or other person responsible for the conditions, 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 the door to the entrance of the premises. Whenever it may be necessary to serve such an order upon the owner of premises, such order may be served either by delivering to and leaving with said person a copy of the order or, if such owner is absent from the jurisdiction of the officer making the order, by sending such copy by certified mail to the owner's last known post-office address.
(b) If buildings or other premises are owned by one person and occupied by another under lease or otherwise, the orders issued in connection with the enforcing of this Subsection
C shall apply to the occupant thereof, except where the rules or orders require the making of additions to or changes in the premises themselves such as would immediately become real estate and be the property of the owner of the premises; in such cases the rules or orders shall affect the owner and not the occupant.
(c) Any person served with an order properly issued pursuant to the provisions of this Subsection
C shall have 10 days from the date of service thereof to comply with said order, and failure to so comply shall be deemed an offense and shall be punishable by the penalties provided for in this Code. Said time for compliance may be extended beyond the above-indicated 10 days when, in the opinion of the Chief of the Bureau of Fire Prevention extenuating circumstances exist, and said extension is agreed to in writing by the Chief of the Bureau of Fire Prevention.
(6) Investigation of fires.
(a) The Bureau of Fire Prevention shall cooperate with the proper authorities in any investigation of the cause, origin and circumstances of every fire occurring in the municipality which is of suspicious nature or which involves loss of life or injury to persons or by which property has been destroyed or substantially damaged.
(b) Every fire shall be reported in writing to the Bureau of Fire Prevention within two days after the occurrence of the same, by the officer in whose jurisdiction such a fire has occurred. Such report shall be on a standard form as shall be prescribed by the Bureau of Fire Prevention and shall contain a statement of facts relating to the cause, origin and circumstances of such fire, injury to persons and extent of damage thereof, and such other information as may be required.
(c) The Town Attorney and the Police Department, upon request of the Bureau of Fire Prevention, shall assist the inspectors in the investigation of any fire which in their opinion is of suspicious origin.
(7) Fire records. The Chief of the Bureau of Fire Prevention shall keep in the office of the Bureau of Fire Prevention a record of all fires affecting structures and of all the facts concerning the same, including statistics as to the extent of such fires and the damage caused thereby. Such record shall be made from the reports made by the Fire Department officers and inspectors.
(8) Exceptions. Nothing contained in this Subsection
C 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, nor as applying to the military forces of the United States.
(9) Fire drills in educational and institutional occupancies.
(a) Fire drills shall be held at least once a month in educational occupancies where such occupancies constitute the major occupancy of a building, and at least once every two months in institutional occupancies where such occupancies constitute the major occupancy of a building. During severe weather, fire drills may be postponed. A record of all fire drills shall be kept, and persons in charge of such occupancies shall file written reports at least quarterly with the Bureau of Fire Prevention, giving the time and date of each drill held.
(b) In educational occupancies, fire drills shall include complete evacuation of all persons from the building. In institutional occupancies, fire drills shall be conducted to familiarize operating personnel with their assigned positions of emergency duty; complete evacuation of occupants from the building at the time of the fire drill shall be required only where it is practicable and does not involve moving or disturbing persons under medical care.
(c) A record of all fire drills in educational and institutional occupancies shall be kept, and persons in charge of such occupancies shall file written reports at least quarterly with the Bureau of Fire Prevention, giving the time and date of each drill held.
(10) Permits.
(a) A permit shall constitute permission to maintain, store or handle materials, or to conduct processes, which produce conditions hazardous to life or property, or to install equipment used in connection with such activities. Such permit does not take the place of any license required by law. It shall not be transferable, and any change in use or occupancy of premises shall require a new permit.
(b) Before a permit may be issued, the Chief of the Bureau of Fire Prevention or his assistants shall inspect and approve the receptacles, vehicles, buildings or storage places to be used. In cases where laws or regulations enforceable by departments other than the Bureau of Fire Prevention are applicable, joint approval shall be obtained from all departments concerned.
(c) All applications for a permit required by this Subsection
C shall be made to the Bureau of Fire Prevention in such form and detail as it shall prescribe. Applications for permits shall be accompanied by such plans as required by the Bureau of Fire Prevention.
(d) Permits shall at all times be kept on the premises designated therein and shall at all times be subject to inspection by any officer of the Fire or Police Departments.
(e) One permit only shall be required by establishments dealing in or using two or more flammable, combustible or explosive materials to be kept in the establishment at any one time, but each of the materials shall be listed in the permit.
(f) The Town Board may enter into agreements with the Board of Fire Commissioners of any fire district wholly or partly within the Town that the issuance of permits and preliminary investigations thereto will be performed by said fire districts.
(g) Permits from the Bureau of Fire Prevention shall be required in accordance with §
68-30C(13). Permit fees shall be established and maintained by the Chief of the Bureau of Fire Prevention.
(11) Revocation of permit. The Bureau of Fire Prevention may revoke a permit or approval issued if any violation of this Subsection
C is found upon inspection or in case there has been any false statement or misrepresentation as to a material fact in the application or plans on which the permit or approval was based.
(12) Liability for damages. This Subsection
C shall not be construed to hold the Town responsible for any damage to persons or property by reason of the inspection or reinspection authorized herein or failure to inspect or reinspect or the permit issued as herein provided or by reason of the approval or disapproval of any equipment authorized herein.
(13) Charts.
Materials Requiring a Storage Permit |
|---|
Material | Quantities in Excess of |
|---|
*Flammable liquids | 5 gallons inside or outside if flash point is less than 100° F. |
| 25 gallons inside if flash point is greater than 70° F. |
| 50 gallons outside if flash point is greater than 70° F. |
*Flammable compressed gas | 2,000 cubic feet |
*Nonflammable compressed gas | 6,000 cubic feet |
*Corrosive materials | 55 gallons |
*Oxidizing materials | 500 pounds |
*Organic peroxides | 10 pounds |
*Toxic materials | Any quantity |
*Poisonous gases | Any quantity |
*Ammonium nitrate | 1,000 pounds |
*Ammonium nitrate fertilizers | 1,000 pounds |
*Nitromethane | 500 pounds |
*Radioactive materials | 1 microcurie if not a sealed source 1 millicurie if a sealed source |
*Explosive/blasting agents | Any quantity |
*Rubber, cotton, cork, etc. | 2,500 cubic feet |
*Cellulose nitrate plastics | 25 pounds |
Combustible fibers | 100 cubic feet |
Lumber | 100,000 board feet |
Combustible containers | 2,500 cubic feet gross volume |
Matches | 25 cases |
Cellulose nitrate motion-picture film | 25 pounds (about 5,000 feet of 35mm film) |
Operations Requiring a Use Permit |
|---|
Use | Applicability |
|---|
Place of assembly | Any such operation occupied by 50 or more persons or encompassing 750 square feet or more in area, excluding occupancies used exclusively as a place of worship |
Tent | The erecting, maintaining or use of a tent covering an area in excess of 500 square feet |
Public fireworks display | Any such operation |
Welding and cutting operations | The performing of welding and cutting operations by any company, corporation, co-partnership or owner-operator except where the welding and cutting is performed in an area approved for the purpose or the company, corporation, co-partnership or owner- operator has an approved permit system established for the control of the fire hazards involved |
Spraying and dipping operations | Any such operation utilizing more than one gallon on any working day of flammable or combustible liquids |
Bowling lane resurfacing or pin refinishing | Any such operation which involves the use and application of flammable liquid or materials |
Dry-cleaning business | Any such operation using flammable or combustible liquids |
Motor vehicle servicing or repair | Any such operation inside a building, shed or enclosure |
Baking and drying ovens | Any industrial oven which is heated by oil or gas fuel or which, during operation, contains flammable vapors from the products being baked or dried |
Tire recapping or rebuilding | Any such operation |
Fruit ripening process | Any such operation |
Fumigation or thermal insecticidal fogging | Any such operation |
Magnesium operations | The melting, casting, heat treating, machining or grinding of more than 10 pounds of magnesium per working day |
Match manufacturing | Any such operation |
Operation producing explosive dust | The operating of any grain elevator, flour, starch or feed mill or plant pulverizing aluminum, coal, cocoa, magnesium, spices, sugar or other material producing an explosive dust |
Flammable liquid processing | Any manufacturing, processing, blending or refining of flammable liquids |
Open burning | Any such operation |
Material | Quantities in Excess of |
|---|
Manufacturing of pyroxylin articles | Any manufacturing of articles of cellulose nitrate plastics pyroxylin, including the use of cellulose nitrate plastics in the manufacturing or assembling of other articles |
Flammable liquid tank vehicle delivery | Any business involving the delivery of flammable liquids from tank vehicles |
Fire protection equipment | Any installation of such equipment |
(14) Certificate of fitness and LPG. Any person who performs the transfer of liquid propane gas (LPG) within the jurisdiction of the Town of Islip shall first obtain a certificate of fitness from the Town of Islip Fire Marshal's office.
(a) Each person wishing to obtain a certificate of fitness shall submit the required application and fee as set by the Division of Code Enforcement and shall pass a written examination and practical test.
(b) Any person transferring and/or dispensing LPG shall provide, upon the request of a Code Enforcement Official, a current certificate of fitness and, if unable to provide same, may be punishable by the provisions of this Code.
(c) No person shall knowingly discharge LPG into the atmosphere without first notifying the Town of Islip Fire Marshal's office and without using an approved method or device.