[1]
Editor's Note: Inclusion of L.L. No. 2-1981, adopted
6-22-1981, as Art. IV hereof has been at the editor's discretion.
Said law did not expressly amend this Code.
[L.L. No. 2-1981, Art. I, §§ 1, 2]
(a)
Legislative intent. It is the established policy of the Village to
provide its citizenry with fire protection. In furtherance of this
policy, the Village Board deemed it necessary to establish guidelines
for the installation, performance and maintenance of early warning
smoke/fire detection systems in all buildings in the Village as hereinafter
provided by this Article. It is the intent of this Article to safeguard
the public health, safety and welfare by ensuring timely warning to
all occupants in buildings covered herein in the event of fire.
(b)
Purpose. The purpose of this Article is to provide basic minimum
requirements for the installation, performance and maintenance of
automatic smoke detection systems in order to provide basic coverage
of buildings in the Village hereinafter provided by this Article.
[L.L. No. 2-1981, Art. II, § 1]
For the purpose of this Article, certain words and terms used
herein are defined as follows:
Space not normally used or intended or designed to be used
in a building or structure by the public, which includes fire-rated
hallways and corridors, space within the suspended ceilings of fire-rated
hallways and corridors, storerooms, mechanical spaces, elevator shafts,
dumbwaiter shafts and chutes.
A device designed to detect the presence of visible and invisible
particles of combustion relating to a fire which will automatically
initiate an alarm. "Automatic smoke detectors" can be classified as
and include the following:
FIRE/GAS DETECTORA device which detects gas produced by fire.
FLAME DETECTORA device which detects the infrared or ultraviolet or visible radiation produced by fire.
HEAT DETECTORA device which detects abnormally high temperature or rate of temperature rise.
SMOKE DETECTORA device which detects visible or invisible particles of combustion.
An approved installation of equipment which automatically
activates a smoke or fire alarm when the detecting element is exposed
to fire, smoke or abnormal rise in temperature.
Buildings in which the primary or intended occupancy or use
is the transaction of administrative, business, civic or professional
service and where the handling of goods, wares or merchandise, in
limited quantities, is incidental to the primary occupancy of the
use. Business occupancies include, among others, banks, barbershops,
beauty parlors, Village halls, dentists' offices, doctors'
offices, general offices, lawyers' offices, municipal buildings,
radio stations, telephone exchanges and television stations.
Either a licensed electrician or an approved fire protection
system contractor having a minimum of three years' experience
in the installation and maintenance of fire detection systems as approved
by the authority.
Buildings in which the primary or intended occupancy or use
is for the gathering of six or more people for the purpose of learning
or receiving educational instruction. Educational occupancies include,
among others, schools, universities, colleges, academies, nursery
schools, primary schools, secondary schools, children's day care
centers and homes, libraries.
The Fire Inspector or Fire Chief of the Town of Eastchester
Fire District.
A phenomenon which occurs when a substance, upon reaching
a critical temperature, reacts chemically with oxygen to produce heat,
flame, light, smoke, water vapor, carbon monoxide, carbon dioxide
and other products and effects.
As one or more rooms with complete provisions for cooking,
living, sanitary and sleeping facilities arranged for the occupancy
of one family.
Buildings in which the primary or intended occupancy or use
is the manufacturing or processing of products of all kinds, including
operations such as making, altering, assembling, bottling, canning,
finishing, handling, mixing, packaging, repairing, cleaning, laundering
and similar operations. Industrial occupancies include, among others,
factories of all kinds, laboratories, dry cleaning plants, power plants,
service stations, laundries and printing plants.
Buildings in which the primary or intended occupancy or use
is for persons domiciled or detained under supervision. Institutional
occupancies include, among others, health care facilities, hospitals,
nursing homes, residential custodial care, nurseries, homes for the
aged and institutions for the mentally retarded.
The Village Clerk of the Village of Tuckahoe.
Buildings in which the primary or intended occupancy or use
is the display and sale to the public of goods, wares or merchandise.
Mercantile occupancies include, among others, stores, markets, supermarkets,
department stores, drugstores, auction rooms, shopping centers, laundry
and dry cleaning distribution stores, self-service laundries and self-service
dry-cleaning laundries.
Occupancy of a building, in part for one use and in part
for some other use not accessory to the first use.
The current compilation of the National Fire Protection Association's
codes, standards, recommendations, practices and manuals regarding
standards on automatic fire detectors at the time of the application
for a smoke detector permit.
The current compilation of the National Fire Protection Association's
codes, standards, recommendations, practices and manuals regarding
standards on household fire warning equipment at the time of the application
for a smoke detector permit.
Use of a building, structure or premises.
Owner of the freehold of the premises or less estate therein,
a mortgagee or vendee in possession, assignee of rents, receiver,
executor, trustee, lessee or other person, firm or corporation in
control of the building.
Buildings in which the primary or intended occupancy or use
is the assembly of 50 or more people for amusement, athletic, civic,
dining, educational, entertainment, patriotic, political, recreational,
religious, social, sports or similar purposes. Places of public assembly
"include, among others, theaters, motion-picture theaters, assembly
halls, auditoriums, exhibition halls, museums, skating rinks, gymnasiums,
bowling lanes, poolrooms, mortuary chapels, restaurants, churches,
synagogues, dance halls, club rooms, passenger stations and terminals
of air, surface and public transportation facilities, courtrooms,
conference rooms and drinking establishments.
Buildings in which the primary or intended occupancy or use
is one in which sleeping accommodations are provided for normal residential
purposes; this includes all buildings designed to provide sleeping
accommodations except one- or two-family dwellings and sleeping accommodations
related to health care and penal occupancies. Residential occupancies
include, among others, hotels/motels, apartments, dormitories, lodgings,
guest houses or rooming houses.
Indicates a mandatory requirement.
An assembly comprised of a photoelectric or ionization type
of smoke detector, control equipment and audible alarm in one unit
which, upon detection of smoke, activates an alarm.
Buildings in which the primary or intended occupancy or use
is the storage of or shelter for goods, merchandise, products, vehicles
or animals. Storage occupancies include, among others, warehouses,
cold storage freight terminals, hangars, barns and stables.
Includes all rooms, halls, storage areas, basements, attics,
lofts, spaces above suspended ceilings and other subdivisions and
accessible spaces, elevator shafts, enclosed stairways and inaccessible
areas which may contain combustible material.
[L.L. No. 2-1981, Art. VI, § 1]
(a)
It shall be Fire Inspector's duty, among others, to enforce
the provisions of this Article and all rules, conditions and requirements
adopted or specified pursuant to the same.
(b)
The Fire Inspector or his duly authorized assistant (assistants)
shall have the right to enter any building or enter upon any land
at any reasonable hour, as necessary in the execution of their duties,
provided that:
(1)
The Fire Inspector shall notify the owner and the tenant before conducting
any inspections.
(2)
The Fire Inspector or his duly authorized assistant shall display,
upon commencing an inspection, identification signed by the Fire Chief.
(3)
Inspection shall be commenced in the presence of an owner or his
representative or tenant.
(c)
The Fire Inspector shall maintain files, open to the public, of all
applications for smoke detector system permits with plans submitted
therewith, as well as test certificates and permits.
(d)
The Fire Inspector shall maintain records, open to the public, of
every complaint of a violation of the provisions of this Article,
as well as the action taken as a result of such complaint.
(e)
The Fire Inspector shall submit to the Village Board, for insertion
in Board minutes, a written report summarizing for the month all smoke
detector system permit and approval certificates issued by him as
well as complaints of violations and the action taken as a result
of such complaints.
(f)
The Fire Inspector shall promulgate rules and regulations, subject
to the approval of the Village Board, to secure the intent and purpose
of this Article and the proper enforcement of this Article.
(g)
The Fire Inspector shall issue, in writing, all appropriate notices
or orders of violations of this Article. Such notice or order may
be served upon the owner or his agent personally or by sending, by
certified mail, a copy of such order to the owner or his agent and/or
by posting the same upon a conspicuous portion of the premises to
which the notice applies. The Fire Inspector shall make all inspections
which are necessary or proper for the carrying out of his duties.
(h)
The Fire Inspector or his authorized agent shall have the authority
to serve summonses for violations of this Article.
(i)
[The Fire Inspector shall have] all other duties specified by the
Village Board.
[L.L. No. 2-1981, Art. VIII, § 1]
(a)
A violation of any provision or requirement of this Article or a
violation of any statement, plan, application or permit approved under
the provisions of this Article shall be considered an offense punishable
by fine of not more than $250 and/or imprisonment for not more than
15 days.
(b)
The owner of the building premises, or part thereof, where such violation
has been committed or does exist shall be considered the party responsible
for such an offense.
(c)
Any contractor, corporation or other person who commits, takes part
or assists in such violation shall also be guilty of such an offense.
(d)
Each day that a violation continues shall be deemed a separate offense.
(e)
The imposition of penalties hereinbefore prescribed shall not preclude
the Village or any person from instituting appropriate legal action
or proceeding to prevent an unlawful installation, maintenance or
modification of the smoke detection system; correct or abate a violation
of this Article or to restrain the illegal occupancy of a building.
[L.L. No. 2-1981, Art. VI, §§ 1-4, Art. VII, § 1; L.L. No. 1-1991, § 5]
(a)
Application for smoke detector permit. No person, firm or corporation
shall install, alter, modify or maintain a smoke detector system in
the Village as required hereunder until a permit for the same shall
have been applied for and obtained from the licensing authority, the
Village of Tuckahoe.
(b)
Form of application. The application for a smoke detector system
permit shall be made by or on behalf of the owner of the premises,
in writing, on the form furnished by the enforcing authority and shall
be verified by the applicant. Such application shall contain the following
information:
(1)
The name and address of the applicant and the capacity in which he
makes such application.
(2)
The name and address of each person other than the applicant having
title of the property.
(3)
The name and address of the person installing or modifying the smoke
detector system.
(4)
A general description of the type and specifications of the smoke
detector system to be installed.
(5)
The location, use and occupancy of the building or structure.
(6)
Any such additional information as may be required by the enforcing
authority.
(7)
The application for such permit shall be accompanied by not less
than three copies of specifications and plans drawn to scale with
sufficient clarity and detailed dimensions to show the location of
each smoke detector. The enforcement authority may waive the requirements
for the filing of plans when the work involved is of a minor nature.
(8)
A written statement for the installing contractor to the effect that
the detector will be installed in accordance with the approved plans
and in accordance with the manufacturer's specifications.
(c)
Fees. Upon filing of the application for smoke detector system permit,
the following fees shall be payable: Smoke detector application fees
shall be $20 or $2 per each smoke detector to be installed, whichever
is greater.
(d)
Action on application. The enforcement authority shall examine or
cause to be examined all applications for permits within a reasonable
time after filing with the licensing authority. If the application
or plan does not conform to the requirements of this Article, the
enforcement authority shall reject such application in writing, stating
the reasons therefor. If he is satisfied that the proposed plan conforms
to the requirements of this Article, he shall approve such application,
in writing. No work shall be performed until the permit is issued.
(e)
Approval certificate. Upon the completion of the installation, the
installing contractor shall furnish a written statement that a smoke
detector system has been installed in accordance with the approved
plan and tested in accordance with the manufacturer's specifications.
Thereafter, the installing contractor, in the presence of a representative
of the enforcement authority, shall conduct a test of the smoke detector
system. If the test conducted is to the satisfaction of the enforcement
authority, an approval certificate shall be issued as soon as practicable.
(f)
Appeals.
(1)
The owner of a building or structure may appeal to the Village Board
from the decision of the Fire Inspector concerning denial of a permit.
(2)
The application for the appeal may be made when it is claimed that
the true intent of this Article or the rules legally adopted hereunder
have been incorrectly interpreted or the provisions of this Article
do not fully apply.
(3)
All appeal from denial of a permit by the Fire Inspector shall be
filed, in the form required by the Village Board, in the office of
the Village Clerk within 30 days of such denial.
(4)
The Village shall fix a time and place for a public hearing thereunder
and shall provide for the posting of a public notice of not more than
15 days nor less than eight days before the date of said public hearing,
by publication of a notice in the official newspaper.
(5)
The Village Board shall hand down its decision within 30 days after
the hearing is closed and must file a written return with the Village
Clerk within 24 hours after having made its decision. A copy of the
Board's written decision shall be served upon the applicant or
his attorney by ordinary mail.
[L.L. No. 2-1981, Art. III, § 1]
Smoke detector systems shall be installed by July 31, 1982.
(1)
Places of assembly. Smoke detectors shall be installed in all places
of assembly covering areas not normally occupied by the public, inaccessible
areas which may contain combustible material and any additional areas
required by the enforcing authority.
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In places of assembly, the smoke detectors shall be electrically
wired to automatically sound a local alarm throughout the entire building
that is audible to all occupants of the building.
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(2)
Educational occupancy. Smoke detectors shall be installed in all
educational occupancies covering areas not normally occupied by the
public, inaccessible areas which may contain combustible material
and any additional areas required by the enforcing authority.
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In educational occupancies, the smoke detectors shall be electrically
wired to automatically sound a local alarm throughout the entire building
that is audible to all occupants of the building.
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(3)
Institutional occupancy. Smoke detectors shall be installed in all
institutional occupancies covering areas not normally occupied by
the public, inaccessible areas which may contain combustible material
and any additional areas required by the enforcing authority.
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In institutional occupancies, the smoke detectors shall be electrically
wired to automatically sound a local alarm throughout the entire building
that is audible to all occupants of the building.
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(4)
Residential occupancy. Smoke detectors shall be in all residential
occupancies covering areas not normally occupied by the public, inaccessible
areas which may contain combustible material and any additional areas
required by the enforcing authority.
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In all residential occupancies except individual dwelling units,
smoke detectors shall be electrically wired to automatically sound
a local alarm throughout the building that is audible to all occupants
of the building.
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Dwelling units. In individual dwelling units within residential
occupancies as defined herein, there should be installed one single-stage
smoke detector located within or near to the sleeping area, which
detector shall meet the requirements of the current edition of the
NFPA 74, Standard for Installation, Maintenance and Use of Household
Fire Warning Equipment.
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(5)
Mercantile occupancy. Smoke detectors shall be installed in all mercantile
occupancies covering areas not normally occupied by the public, inaccessible
areas which may contain combustible material and such additional areas
required by the enforcing authority.
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In mercantile occupancies, smoke detectors shall be electrically
wired to automatically sound a local alarm throughout the entire building
that is audible to all occupants of the building.
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(6)
Industrial occupancy. Smoke detectors shall be installed in all industrial
occupancies covering areas not normally covered by the public, inaccessible
areas which may contain combustible material and such additional areas
required by the enforcing authority.
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In industrial occupancies, smoke detectors shall be electrically
wired to automatically sound a local alarm throughout the entire building
that is audible to all occupants of the building.
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(7)
Business occupancy. Smoke detectors shall be installed in all business
occupancies covering areas not normally occupied by the public, inaccessible
areas which may contain combustible material and such additional areas
required by the enforcing authority.
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Electrically wired smoke detector systems shall also be installed
in business occupancies having rated office compartments of more than
2,500 square feet and their installation shall be in accordance with
the current edition of NFPA 72E. In business occupancies, smoke detectors
shall be electrically wired to automatically sound a local alarm throughout
the entire building that is audible to all occupants of the building.
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(8)
Mixed occupancy. Where there is a mixed occupancy and places of assembly,
educational, institutional, mercantile, industrial and business occupancies
are part of or attached to residential occupancies, smoke detectors
shall be installed in all areas of places of assembly, educational,
institutional, mercantile, industrial or business occupancies, to
provide total coverage.
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In mixed occupancies, the smoke detector shall be electrically
wired to automatically sound a local alarm throughout the entire building
that is audible to all occupants of the building.
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(9)
Storage occupancy. Smoke detectors are not required as part of this
Article in storage occupancies which are free and separate standing
structures of more than five feet distance in all directions from
any other structure.
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Storage occupancies connected to, part of, or less than five
feet in any direction of a residential occupancy as defined by this
Article shall have smoke detectors installed in all areas of the structure,
in accordance with the current edition of the NFPA 72E.
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In this instance, smoke detectors shall be electrically wired
to automatically sound a local alarm throughout the entire building
that is audible to all occupants of the building.
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[L.L. No. 2-1981, Art. IV, § 1]
(a)
All smoke detection devices shall be Underwriter's Laboratory
listed or approved for the purpose of which they are intended and
shall be installed in conformity with this Article.
(b)
Smoke detectors shall be installed in all areas where required by
this Article and as determined by the responsible authority, Village
of Tuckahoe, New York, and/or its designated employee. In areas of
occupancy which, as a matter of normal use, will create a smoky environment,
such as a restaurant, approved heat detectors will be furnished in
place of smoke detectors, as recommended by the current edition of
the NFPA 72B, Standards on Automatic Fire Detectors and approved by
the enforcing authority.
[L.L. No. 2-1981, Art. IV, § 2]
Smoke detectors shall be the type approved for the specified
purpose and location within a space in accordance with the current
edition of the NFPA 72E.
[L.L. No. 2-1981, Art. IV, § 3]
(a)
All smoke detector systems shall be designated, constructed, installed
and maintained so as to detect a smoke condition in the initial stage
and to automatically transmit an alarm signal within the space, as
well as sounding alarm devices audible throughout the building so
as to warn all occupants in the event of smoke and fire condition.
Where the building contains a general fire alarm system, the smoke
detectors shall be electrically connected to this system so that when
a smoke detector is activated, it will also serve to activate the
building's general fire alarm system, thus sounding a local alarm
and transmitting an alarm either directly to the Fire Department or
agency designated.
(b)
Smoke detection systems shall be so wired and under constant electrical
supervision, so that failure of the main source of power supply or
an open ground, which prevents the normal operation of the system,
will be instantly and audibly indicated within the building.
[L.L. No. 2-1981, Art. IV, § 4]
