This chapter shall be known and may be cited as the "Fire Prevention
Code."
A.
It is the intention of the Town Board to establish regulations to
safeguard life and property from the hazards of fire and explosion
arising from the storage, handling and use of hazardous substances,
materials and devices, and from conditions hazardous to life or property
in the use or occupancy of land or buildings, whether or not the land
is improved or the building is occupied.
[Amended 1-14-2015 by L.L. No. 3-2015]
B.
The Town Board hereby adopts the provisions of the Fire code of New
York State and successor law for application within its jurisdictional
borders, which shall be enforced in accordance with the enforcement
provisions of this chapter to the fullest extent permitted by law.
[Amended 1-14-2015 by L.L. No. 3-2015]
C.
The Town Board intends to enforce the provisions of the Fire Code
of New York State; the standards and regulations published by the
National Fire Protection Association; and the provisions of this Chapter
to prevent the loss of life and the destruction of property by fire
and other hazards.
D.
Pursuant to § 119.1 (Administration and Enforcement) of
the New York State Uniform Fire Prevention & Building Code; 19
NYCRR § 1203.2; Executive Law § 381(2) and § 382;
Municipal Home Rule Law § 10(1)(ii)(a)(11) and (12), § 10(1)(ii)(d)(3),
§ 10(3)(b) and (4)(a) and (b); Town Law § 130(3-a),
(5), (11), (15) and (16); and other applicable laws, rules, and regulations,
or successor laws, the enforcement provisions of this Chapter shall
control and supersede any remedy or enforcement provision contained
in the Fire Code of New York State, and other applicable state law,
rule, regulation or successor law to the fullest extent permitted
by law.
This chapter establishes regulations affecting or relating to
buildings, structures, installations, processes, premises and safeguards
regarding:
1.
The hazard of fire and explosion arising from the storage, handling
or use of structures, materials or devices;
2.
Conditions hazardous to life, property or public welfare in the occupancy
of structures or premises;
3.
Fire hazards in the structure or on the premises from occupancy or
operation;
4.
Matters related to the construction, extension, repair, alteration
or removal of fire suppression or fire alarm systems.
Where there is a conflict between a general requirement and
a specific requirement, the specific requirement shall be applicable.
For the purpose of this Chapter the following terms shall have
the meanings indicated. Where terms are not defined in this chapter
and are defined in the Fire Code of New York State, Building Code
of New York State, Mechanical Code of New York State, Fuel Gas Code
of New York State, Residential Code of New York State, Property Maintenance
Code of New York State or the Plumbing Code of New York State, such
terms shall have the meanings ascribed therein. Where terms are not
defined through the methods authorized by this section, such terms
shall have their ordinary accepted meaning.
Acceptable to the fire code official.
A listed system of devices and equipment that automatically
detects a fire and discharges an approved fire-extinguishing agent
onto or in the area of a fire.
A sprinkler system, for fire protection purposes, is an integrated
system of underground and overhead piping designed in accordance with
fire protection engineering standards. The system includes a suitable
water supply. The portion of the system above the ground is a network
of specially sized or hydraulically designed piping installed in a
structure or area, generally overhead, and to which automatic sprinklers
are connected in a systematic pattern. The system is usually activated
by heat from fire and discharges water over the fire area.
A system supplying carbon dioxide (CO2) from a pressurized vessel through fixed pipes and nozzles. The
system includes a manual or automatic actuating mechanism.
A fire-extinguishing system using electrically non-conducting,
volatile, or gaseous fire extinguishant that does not leave a residue
upon evaporation.
A construction permit allows the applicant to install or
modify fire protection equipment.
A building primarily providing sleeping and/or residential
quarters for large numbers of people including but not limited to
boarding school, college or university students.
[Added 1-14-2015 by L.L. No. 3-2015]
A single unit providing complete, independent living facilities
for one or more persons, including provisions for living, sleeping,
eating, cooking and sanitation.
A system or portion of a combination system consisting of
components and circuits arranged to monitor and annunciate the status
of fire alarm or supervisory signal-initiating devices and to initiate
the appropriate response to those signals.
The Town of Huntington Chief Fire Marshal, Senior Fire Marshal
or Fire Marshal charged with the administration and enforcement of
the Fire Code of New York State or the Fire Prevention Code of the
Town of Huntington.
Listed devices, equipment and systems or combinations of
systems used to detect a fire, activate an alarm, extinguish or control
a fire, control or manage smoke and products of a fire or any combination
thereof. Fire protection systems include; automatic fire-extinguishing
systems, automatic sprinkler systems, carbon dioxide extinguishing
systems, clean agent extinguishing systems, fire alarm systems, foam-extinguishing
systems, mechanical smoke control systems, and halogenated extinguishing
systems.
A special system discharging foam made from concentrates,
either mechanically or chemically, over the area protected.
Space in a structure for living, sleeping, eating or cooking.
Bathrooms, toilet rooms, closets, halls, storage or utility spaces,
and similar areas are not considered habitable space.
A fire-extinguishing system using one or more atoms of an
element from the halogen chemical series: fluorine, chlorine, bromine
and iodine.
The storage of combustible materials in closely packed piles
on pallets, in racks or on shelves where the top of the storage is
greater than twelve (12) feet in height. High piled combustible storage
also includes certain high-hazard commodities, such as rubber tires,
Group A plastics, flammable liquids, roll paper, idle pallets and
similar commodities, where the top of the storage is greater than
six (6) feet in height.
An area within a building or structure that is designated,
intended, proposed or actually used for high-piled combustible storage.
Operations including cutting, welding, thermite welding,
thawing pipe, installation of torch-applied roof systems or any other
similar activity.
The area exposed to sparks, hot slag, radiant heat, or convective
heat as a result of the hot work.
A limited license is issued to an individual to proceed with
a specific activity concerning the installation, repair, or modification
of fire protection equipment. Limited licenses are issued for Fire
Suppression Clean Agent systems, Fire Suppression Industrial Systems,
Fire Suppression Kitchen Systems, and Fire Sprinkler systems.
[Added 1-14-2015 by L.L. No. 3-2015]
Equipment or materials included on a list published by an
approved testing laboratory, inspection agency or other organization
concerned with current product evaluation that maintains periodic
inspection of production of listed equipment or materials, and whose
listing states that equipment or materials comply with approved nationally
recognized standards and have been tested or evaluated and found suitable
for use in a specified manner.
A building or portion thereof that is utilized or occupied
for more than one use or purpose. Mixed use occupancies may include
residential dwelling units.
[Added 1-14-2015 by L.L. No. 3-2015]
A building or portion thereof designed for or occupied by
three or more family units living independently of each other and
are classified as Group R-2 under the Fire Code of New York State.
[Added 1-14-2015 by L.L. No. 3-2015]
The purpose for which a building or portion thereof is utilized
or occupied.
[Added 1-14-2015 by L.L. No. 3-2015]
A room or enclosed space designed for human occupancy in
which individuals congregate for amusement, educational or other purposes
or in which occupants engage at labor, which is equipped with means
of egress and light and ventilation facilities meeting the requirements
of the Building Code of New York State.
The burning of materials where products of combustion are
emitted directly into the ambient air without passing through a stack
or chimney from an enclosed chamber. Open burning does not include
road flares, smudge pots and similar devices associated with safety
or occupational uses.
An operational permit allows the applicant to conduct an
operation, activity, or business for which a permit is required under
this Chapter for either a prescribed period, or until renewed or revoked.
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 utilized in
connection with such activities; or to install or modify any fire
protection system or equipment or any other construction, equipment,
installation or modification for which the permit is issued.
An individual, business entity, association, or a group acting
as a unit.
The use of a building or structure, or a portion thereof,
for the gathering of less than fifty (50) people for purposes including
but not limited to civic, social or religious functions, recreation,
food or drink consumption or awaiting transportation.
[Amended 6-17-2014 by L.L. No. 26-2014]
The use of a building or structure, or a portion thereof,
for the gathering of fifty (50) or more people for purposes including
but not limited to civic, social or religious functions, recreation,
food or drink consumption or awaiting transportation.
[Added 6-17-2014 by L.L. No. 26-2014]
An outdoor fire burning materials other than rubbish for
pleasure, religious, ceremonial, cooking, warmth or similar purposes.
An engineered system that uses mechanical fans to produce
pressure differences across smoke barriers or to establish air flows
to limit and direct smoke movement.
Bituminous roofing systems using membranes that are adhered
by heating with a torch and melting asphalt back coating instead of
mopping hot asphalt for adhesion.
The Bureau of Fire Prevention is a division of the Department
of Engineering Services of the Town of Huntington, under the supervision
of the Director of Engineering Services. The Chief Fire Marshal shall
be the administrative head of the bureau and shall have such powers
necessary for the proper administration of the bureau consistent with
applicable provisions of law. The Bureau shall have additional enforcement
personnel including the Senior Fire Marshal and Fire Marshals.
The Director of Engineering Services shall appoint the Chief
Fire Marshal.
The Chief Fire Marshal shall be a graduate of a State Code Enforcement
training program established by the State of New York, and shall meet
the requirements of all applicable laws and regulations. If at the
time of appointment he lacks completion of a state approved course
of study in fire prevention and protection, such course shall be completed
within eighteen (18) months after the appointment.
A.
The Chief Fire Marshal shall administer and enforce the Fire Prevention
Code of the Town of Huntington, the Fire Code of the State of New
York, and the provisions of all other applicable laws and rules, and
shall perform the following duties:
(1)
Investigation of fires: all major fires within the Town shall be
investigated for cause and origin.
(2)
Plan review: review of all system plans and design specifications,
pertaining to the issuance of construction permits.
(3)
Inspection: inspection of sprinkler system installations, standpipe
system installations, commercial fire detection and fire alarm system
installations, alternate agent suppression system installations; and
preparation of inspection reports.
(4)
Enforcement: issuance of notices of violation and summonses and provide assistance to the Town Attorney and other town departments in the prosecution of violations in the Town of Huntington, including but not limited to § 87-25 of the town code.
[Amended 1-14-2015 by L.L. No. 3-2015]
(5)
Complaints: review and assign personnel to investigate all complaints
pertaining to the existence of conditions or activities that fail
to comply with the Fire Code of New York State, the provisions of
this chapter and, or other applicable laws and rules.
(6)
Instructional: preparation and distribution of literature on fire
prevention and protection, and training of Fire Code Officials regarding
inspection procedures.
(7)
Permits: the granting or denial of construction permits; the granting
or denial of operating permits after inspection and report by the
Fire Code Officials, except that permits for household or commercial
burning may also be granted or denied by local fire district authorities.
(8)
Records: maintenance of records and preparation of statistics on
matters pertaining to fire prevention in the Town of Huntington, such
as permits, violations, complaints, summonses issued, disposition
of court cases and number, location, cause and type of fires.
(9)
Standard forms: standardization of forms and procedures utilized
by all Fire Code Officials regarding matters which pertain to the
Fire Prevention Code of the Town of Huntington and Fire Code of New
York State.
(10)
Liaison: liaison between all fire service agencies and other
Town departments.
(11)
Fees: collection of fees resulting from the review and inspection
of construction permits, operating permits, and property maintenance
inspections.
(12)
Reports: submission of an annual report to the Town Board containing
a review of the operations of the Bureau, recommending necessary changes
and providing related statistics and other information requested by
the Town Board.
(13)
Supervision: coordinate the activities of Fire Code Officials.
B.
Duties of the Senior Fire Marshal and Fire Marshals.
(1)
The Senior Fire Marshal shall assist the Chief Fire Marshal in the
coordination of the activities of all Fire Marshals; perform inspections
pertaining to construction permits for the installation of fire protection
systems; and conduct investigation of fires as directed by the Chief
Fire Marshal.
(2)
Fire Marshals shall perform inspections pertaining to the issuance
of operational permits and temporary operational permits; perform
property maintenance and fire safety inspections; investigate complaints;
schedule and perform fire safety programs throughout the Town; and
perform activities as directed by the Chief Fire Marshal or the Senior
Fire Marshal.
[Amended 5-10-2016 by L.L. No. 24-2016]
A.
The Fire Code Official is authorized to enter and inspect properties
under his jurisdiction during reasonable hours to determine the condition
of common areas, storage areas and other spaces within the building
and exterior of the premises, pursuant to the New York State Fire
Code and Property Maintenance Code, and other applicable laws, rules
and regulations.
B.
Search without warrant restricted. Nothing in this chapter, except
for the provisions concerning emergency inspections, shall be deemed
to authorize the Fire Code Official to conduct an inspection of any
property subject to this chapter without the consent of the owner,
managing agent, or occupant of the premises, or without a warrant
duly issued by a court of competent jurisdiction.
C.
Application for a search warrant. See Chapter 71 of the Huntington Town Code. The Town ordinance/code enforcement officer is authorized to make application to any court of competent jurisdiction for the issuance of a search warrant in order to conduct an inspection of any premises covered by this chapter where the owner or managing agent or occupant fails or refuses to allow an inspection. The application for a search warrant shall in all respects comply with the applicable laws of the State of New York.
D.
Emergencies. If, in the judgment of the Fire Code Official, an emergency
exists as when a condition or hazard is an immediate peril to the
public health and safety, or a serious and immediate danger to property,
he may enter any building or structure, during reasonable hours, to
inspect and investigate.
[Amended 1-14-2015 by L.L. No. 3-2015]
The chief of any fire department providing firefighting services
within the Town of Huntington shall promptly notify the Chief Fire
Marshal of any fire or explosion involving any structural damage to
a building, fuel burning appliance, chimney or gas vent on property
within his jurisdiction.
