Town of Orangetown, NY Fire Prevention Code

Editor's Note: Former Ch. 15, Fire Prevention, Arts. I through XXXIII, adopted 3-28-1966 by L.L. No. 5, 1966 and readopted 8-24-1966 by L.L. No. 8, 1966, was repealed 3-28-1994 by L.L. No. 2, 1994.

Article I Uniform Fire Prevention Code

[Adopted 10-27-1997 by L.L. No. 15-1997[1]]

Editor's Note: This local law also provided for the renumbering of former Art. I, Inspections, Fees and Certificates of Compliance, which consisted of §§ 15-1 through 15-5, as Art. II.

§ 15-1 Title.

The title of this Code shall be the "Uniform Fire Prevention Code of the Town of Orangetown."

§ 15-2 Purpose.

The intent of this Code is to prescribe minimum requirements necessary to establish a reasonable level of safety and property protection from the hazards created by fire and explosion.

This Code is designed to supplement and expand upon the requirements of the New York State Uniform Fire Prevention and Building Code.[1] Should there be any discrepancy between this Code and the New York State Uniform Code, the more restrictive provision shall apply.

Editor's Note: See Executive Law § 370 et seq.

§ 15-3 Applicability.

The provisions of this Code 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 Code. Existing conditions not in strict compliance with the terms of this Code may be permitted to continue upon the determination of the Board of Appeals, where the exceptions do not constitute a distinct hazard to life or property. The Board of Appeals, as set forth in § 15-4, shall have the authority to grant a waiver for the existing condition upon the written application of the person owning the installation concerned.

§ 15-4 Appeals.

The Bureau of Fire Appeals shall function as a Board of Appeals for all matters covered by this Code. The Bureau of Fire Appeals shall consist of five members to be appointed by the Town Board of the Town of Orangetown on an annual basis at the annual reorganization meeting, with each Fire Department nominating one member. All appeals shall be made, in writing, to the Bureau of Fire Appeals.

§ 15-5 Enforcement.

This Code shall be enforced by the Fire Inspector or Assistant or Deputy Fire Inspectors of the Town of Orangetown.

§ 15-6 Penalties for offenses.

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 this Code: a penalty as set forth in Chapter 41A of this Code.

[Amended 11-13-2006 by L.L. No. 18-2006]

[1]The continuation of an offense against the provisions of this Code shall constitute, for each week the offense is continued, a separate and distinct offense hereunder.

Editor's Note: Former Subsection B, regarding fines for corporations, was repealed 10-3-2017 by L.L. No. 9-2017. This local law also redesignated former Subsection C as Subsection B.

§ 15-7 Right of entry.

The Fire Inspector or Assistant of 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 Code, may be deemed necessary.

§ 15-8 Inspection.

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 chapter or any other ordinance or law affecting fire safety.

The Fire Inspector or Assistant or Deputy Fire Inspectors shall investigate the cause, origin and circumstances of every fire occurring in the Town of Orangetown 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.

When required and permitted.

[Added 4-23-2007 by L.L. No. 3-2007]

Inspections required.

Fire safety inspections of buildings or structures which contain an area of public assembly shall be performed at least once every 12 months.

Fire safety inspections of buildings or structures being occupied as dormitories shall be performed at least once every 12 months.

Fire safety inspections of all multiple dwellings not included in Subsection C(1)(a) or (b), and all nonresidential buildings, structures, uses and occupancies not included in Subsection C(1)(a) or (b), shall be performed at least once every three years.

Inspections permitted. In addition to the inspections required by Subsection C(1)(a) of this section, a fire safety inspection of any building, structure, use, or occupancy, or of any dwelling unit, may also be performed by the Fire Inspector or an inspector designated by the Fire Inspector at any time upon:

The request of the owner of the property to be inspected or an authorized agent of such owner;

Receipt by the Fire Inspector of a written statement alleging that conditions or activities failing to comply with the Uniform Code or Energy Code exist; or

Receipt by the Fire Inspector of any other information, reasonably believed by the Building Inspector to be reliable, giving rise to reasonable cause to believe that conditions or activities failing to comply with the Uniform Code or Energy Code exist; provided, however, that nothing in this subsection shall be construed as permitting an inspection under any circumstances under which a court order or warrant permitting such inspection is required, unless such court order or warrant shall have been obtained.

§ 15-9 Exemption from liability; indemnification.

The Fire Inspector, Deputy or Assistant Fire Inspectors charged with the enforcement of this Code, while acting for the Town of Orangetown, 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 this Code shall be defended by the legal representative of the Town of Orangetown 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 Code, 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.

The Town of Orangetown shall not be liable under this Code for any damage to persons or property by reason of the inspection or reinspection of buildings, structures or equipment authorized herein or the 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.

In addition to the provisions of this section, any individual described in this section shall also be entitled to the protection of the indemnification provisions of the Town Code of the Town of Orangetown.[1]

Editor's Note: See Ch. 19A, Defense and Indemnification of Public Employees.

§ 15-10 General fire safety requirements.

Exit requirements.

Adequate exits shall be provided in all buildings, structures and premises within the Town of Orangetown 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).

No furnishings, decorations or other objects shall be so placed as to obstruct exits, access thereto, egress therefrom or visibility thereof.

Exit lights, emergency lighting and panic hardware shall be provided in accordance with the requirements listed in Table 1.[1]

Editor's Note: Table I is included as an attachment to this chapter.

Electrical fire safety. 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.

Smoking. 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 ash trays shall be provided.

Outdoor burning, open burning and burning of refuse.

[Amended 8-22-2023 by L.L. No. 10-2023]

OUTDOOR FIREPLACE or FIREPIT

Definitions. As used in this section, the following terms shall have the meanings indicated:

BONFIRE

An outdoor fire utilized for ceremonial purposes.

BUILDING INSPECTOR

The Building Inspector of the Town of Orangetown and/or his/her designee.

BURNING

Open burning, outdoor burning, fire(s), recreational fire(s), and special event fire(s).

CLEAN WOOD

Natural, seasoned and/or dry firewood which has not been painted, varnished or coated with a similar material, has not been pressure treated with preservatives and does not contain resins or glues as in plywood or other composite wood products.

CODE ENFORCEMENT OFFICER

The Code Enforcement Officer(s) of the Town of Orangetown.

FIRE CHIEF

The Chief of the local Fire Department or other person authorized by the Fire Chief.

FIRE INSPECTOR

The Chief of the Bureau of Fire Prevention or any Fire Inspector of the Town of Orangetown.

GARBAGE

The animal and vegetable wastes resulting from the handling, preparation, cooking, and serving of food.

OPEN BURNING

The burning of materials wherein the products of combustion are emitted directly into the ambient air without passing through a stack or a chimney from an enclosed chamber. Open burning does not include road flares, smudge pots and similar devices associated with safety or occupational uses.

OPEN FIRE

Any open fire or outdoor smoke-producing process from air contaminants that are emitted directly into the outdoor atmosphere.

OUTDOOR BURNING

Open burning or burning in a manufactured freestanding portable outdoor fireplace or manufactured firepit.

A portable, outdoor, solid-fuel-burning fireplace that may be constructed of steel, concrete, clay or other noncombustible material. A portable outdoor fireplace may be open in design, or may be equipped with a small hearth opening and a short chimney or chimney opening in the top.

POLICE

The Chief of the Town of Orangetown Police Department or Orangetown Police Officers.

RECREATIONAL OUTDOOR FIRE

A small outdoor fire, burning materials other than rubbish, where the fuel being burned is not contained in an incinerator, barbeque grill or barbeque pit or portable outdoor fireplace; and is on residential property; and has a total fuel area of three feet or less in diameter and two feet or less in height, for pleasure, religious, ceremonial, cooking, warmth or similar purposes; and in accordance with the requirements of § 15-10D(5) of this section. A permitted built-in fireplace with required OBZPAE approval is a recreational outdoor fire.

REFUSE

All waste material, including, but not limited to: garbage, rubbish, incinerator residue, street sweepings, dead animals and offal.

RUBBISH

Solid or liquid waste materials, including, but not limited to, rags, furniture, cartons, chemicals, paint, grease, sludges, oils, any petroleum products other than legitimate home heating and cooking products, construction materials, including, but not limited to, Sheetrock, chip board, asphalt or fiberglass shingles, or pressure-treated lumber, automobile parts, tires, metal goods, including, but not limited to, refrigerators, stoves and like appliances, diapers, yard grass clippings, paper and paper products, packaging materials, Styrofoam, mattresses, cigarette filters, glass, plastic of any kind and furniture.

SPECIAL EVENT FIRE

A bonfire or any other open-air fire kindled to mark a public event, victory celebration or similar occurrence that does not meet the criteria of a recreational outdoor fire.

Prohibited burning. The following fires are prohibited in the Town of Orangetown:

The burning of garbage, refuse and rubbish in any manner is prohibited.

All open fire burning is prohibited in the Town of Orangetown except as set forth in Subsection D(3) herein.

Exceptions: Live burn drills conducted by a local Fire Department, fires for religious purposes or for other purposes specifically approved by the Town of Orangetown Fire Inspector, and those fires that require a permit as required from the Fire Inspector.

Bonfires and special event fires. Bonfires and special event fires shall be permitted only for a publicly sponsored celebration or event, an organization-sponsored event, or for a public or private school sponsored event.

An operational permit shall be obtained from the Bureau of Fire Prevention prior to igniting the fire.

These fires shall be subject to the filing and approval of an outdoor burning permit application with the Bureau of Fire Prevention at least 30 days prior to the event.

Permitted special event fires shall be located not less than 50 feet from any structure.

Materials used for fuel shall consist of wood only.

The allowable quantity of wood to be burned shall be determined by the Chief of the Bureau of Fire Prevention or his/her designee based upon the fire safety considerations of the situation and the desired duration of the burn.

(f)

The duration of the bonfire or special event fire shall be approved and authorized by the Chief of the Bureau of Fire Prevention or his/her designee.

(g)

A competent adult of at least 18 years of age shall be designated for the safety of the special event fire area. This person must be identified as the contact person to meet with the Fire Department for any issue pertaining to the fire. Unless otherwise authorized by the Chief of the Bureau of Fire Prevention, the pile size for a bonfire or special event fire shall be 10 feet or less in diameter and six feet or less in height.

(h)

The base of the fire shall not be larger than 10 feet in diameter. The fire must be enclosed by a barrier set at a distance sufficient enough to provide maximum safety and be constantly monitored by a person responsible for scene security.

(i)

An adequate fire suppression source must be immediately available sufficient to extinguish the fire it is threatens the safety of the event.

(j)

After completion of the event and/or celebration, the fire must be completely extinguished and a fire watch must be provided for a sufficient amount of time to ensure that the fire does not rekindle.

(k)

Code Enforcement officials and Orangetown Police are authorized in his/her discretion to order that a bonfire or special event fire be immediately extinguished in accordance with § 15-10D(4) of this chapter.

(l)

A bonfire or special event fire that is hazardous, offensive, objectionable, or unreasonably interferes with the comfortable enjoyment of life or property, due to smoke or odor emissions, shall be prohibited.

(m)

No fire shall be ignited prior to an on-site inspection of the location where the fire is to take place and shall be subject to any and all conditions or restrictions the Bureau of Fire Prevention's Office may impose for the safety of life and property; and the local Fire Department shall be notified 48 hours prior to igniting any bonfire permitted by the Bureau of Fire Prevention.

(n)

The Chief of the Bureau of Fire Prevention and/or his/her designee has the authority to impose such other restriction and/or safety precaution pertaining to the bonfire or special event fire and shall be complied with at all times.

Noncommercial outdoor cooking. Open burning will be permitted for outdoor cooking when the fire is limited to the minimal size necessary and contained in a device or cooking utensil commonly referred to as a grill, hibachi or smoker designated for outdoor cooking purposes. Fuels for outdoor cooking will be limited to charcoal or charcoal briquettes, natural gas, LP gas or wooden chips. All applicable and/or reasonable safety precautions shall be taken when using said devices or utensils. Outdoor cooking shall not be permitted on balconies, covered porches or covered patios.

Recreational fires. One small recreational fire shall be permitted at the premises of a single or two-family detached dwelling only. Natural gas or LP gas outdoor fireplaces or firepits with ceramic logs, untreated wood and unpainted wood shall be permitted, provided that such appliance conforms to all other Town codes, and when used in accordance with the manufacturer's directions. All other forms of recreational fires are prohibited.

A recreational fire shall not be greater than two feet in height and three feet in length in width and diameter, and shall be contained in an approved device.

A recreational fire shall be a minimum of 25 feet away from a structure (including, but not limited to, for example, houses, garages, wooden, plastic and/or vinyl fences, decks, and sheds) and shall not be left unattended until fully extinguished.

Conditions which could cause a fire to spread within 25 feet of a structure shall be eliminated prior to ignition.

Competent adult supervision must be at the site while the fire is burning. Competent adult supervision is a person over 18 years of age.

Appropriate fire-extinguishing equipment, sufficient to extinguish the fire, shall be present at all times and readily available.

(f)

Notwithstanding the foregoing, in the event that an otherwise permitted recreational fire shall cause a nuisance or harm to a neighboring residence or occupants of that residence due to specific health issues related to that home or occupants, then the individuals charged with enforcing the provisions of this section shall retain the right in their discretion to limit or prohibit said fire.

Portable outdoor fires. Portable outdoor fireplaces shall be permitted at single- or two-family detached dwellings only and used in accordance with the manufacturer's instructions.

Competent adult supervision must be at the site while the fire is burning. Competent adult supervision is a person over 18 years of age.

Appropriate fire-extinguishing equipment, sufficient to extinguish the fire, shall be present at all times and readily available.

(7)

Enforcement and control. The Chief of the Bureau of Fire Prevention, the Fire Inspectors, Building Inspectors, Code Enforcement Officers and the officers of the Orangetown Police Department, are hereby vested with authority to enforce the provisions of this section. He/she/they may suspend the operation of open burning, recreational fires or portable outdoor fireplaces, and shall have the right to declare that any and all burning shall cease immediately until further notice:

If weather conditions are such that starting or the continuation of burning is a risk to life, health, safety or property within the Town; or

If smoke, ash, or smell emitting from open burning or an outdoor fireplace becomes objectionable or offensive to neighboring properties; or

If the Official determines the open burning or recreational fire constitutes a hazardous condition.

(8)

Penalties for offenses. Penalties are set forth in Town Code § 15-6.

(9)

Severability. If any section or specific part or provision or standard of this section or the application thereof to any person or circumstance be adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this section or the application thereof to other person or circumstances.

Fire lanes and fire zones.

The Fire Inspector or Assistant Fire Inspector 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.

Fire lanes shall be provided for all buildings that are set back more than 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.

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.

Fire zone and fire lanes shall be marked with freestanding signs that have 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.

No motor vehicle shall park, stand or otherwise be allowed to remain in an established fire zone or fire lane. Fire zones and lanes shall be maintained free of all obstructions at all times.

More restrictive provisions for fire lanes may be proposed by the Fire Inspector.

Key boxes.

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.

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.

The key box shall contain:

Keys to locked points of ingress, whether on the interior or exterior of such structures.

Keys to locked mechanical rooms.

Keys to locked electrical rooms.

Keys to elevator controls.

Keys to other areas as directed by the Fire Inspector or Fire Chief.

(f)

The layout of the building showing the locations of the above.

(g)

Other information as requested by the Fire Inspector or Fire Chief.

Fire protection markings.

Premises identification. 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 for night time visibility.

Shaftways to be marked. 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 so placed as to be readily discernible from the outside of the building.

Stairway marking. 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 101).

Identification of lightweight construction.

Upon inspection and identification of a building, other than a one- or a 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 Code.

Upon notification, the owner/operator shall be required to permanently affix an approved twelve-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 property installed within 10 days of receipt of written notice.

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.

Vacant buildings.

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.

Buildings that are vacant shall maintain all required fire detection and suppression systems in service.

Open-flame cooking outside multiple residences. 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.

Security gates. 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 openings which are protected by the security gate when the security gate is in place.

§ 15-11 Fire protection equipment.

Sprinklers.

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.

Editor's Note: Table I is included as an attachment to this chapter.

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.

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.

Color coding of siamese connections. 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:

Red: siamese supplying a standpipe (fire hose) system.

Green: siamese supplying a sprinkler system.

Yellow: siamese supplying a combination standpipe and sprinkler system.

Fire detection systems.

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.[2] 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.

[2]

Editor's Note: Table I is included as an attachment to this chapter.

Where a one-hundred-ten-volt (hard-wired) 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. In new construction, where more than one smoke detector is required, they shall be so arranged that operation of any smoke detector shall cause the alarm to all smoke detectors within the dwelling unit to sound.

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). Heat, smoke, flame detectors, water flow devices and similar devices shall be maintained in a proper operating condition at all times. Such systems shall be inspected for proper operation at least quarterly. Such inspections shall include all items as specified by the Fire Inspector. Copies of all service, repair, inspection and testing reports shall be forwarded to the Fire Inspector by the person, firm or corporation providing service, repair, inspection or testing within 10 days of such service, repair, inspection or testing.

[Amended 12-16-2002 by L.L. No. 8-2002]

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.

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.

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 a case, the provisions of the plan shall be followed.

(7)

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.

(8)

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.

(9)

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.

(10)

A red name plate with one-inch white letters shall be located below the visual/audio signal with the following information:

Name of the alarm company.

Telephone number of the alarm company.

Portable fire extinguishers. Portable fire extinguishers, installed and maintained in accordance with National Fire Protection Association Standard No. 10, the Standard for Portable Fire Extinguishers, shall be provided in all occupancies as required by Table I.[3]

[3]

Editor's Note: Table I is included as an attachment to this chapter.

Extinguishing systems.

Protection of cooking equipment and ductwork.

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 National Fire Protection Association standards.

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.

Special extinguishing systems. 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.

Access to fire protection equipment.

The parking of any vehicle within 15 feet of any fire hydrant or Fire Department siamese connection shall be prohibited.

No shrubs, dumpsters or other items that may obstruct the view of and/or access to any fire hydrant or Fire Department siamese connection shall be permitted.

Strobe lights.

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:

Red strobe light: located above the Fire Department siamese connection of a sprinklered building to indicate activation of the water flow alarm.

Yellow strobe light: installed to indicate activation of a pull station, smoke detector, heat detector or other alarm device.

Blue strobe light: installed to indicate the presence of hazardous materials, conditions or other danger to firefighters.

The exact location of these lights shall be determined by the Fire Inspector.

Privately owned fire hydrants.

[Added 4-28-2008 by L.L. No. 2-2008]

PRIVATELY OWNED FIRE HYDRANTS

The following definitions shall apply to § 15-11H of this Code:

Fire hydrants located within the Town that are owned by any person, partnership, corporation, or entity other than a federal, state, county or local municipal corporation or government, or United Water or any of its successors or assigns.

SNOW MARKER

An approximate four-foot-tall pole, stick, or marker that is affixed at or near the top of a fire hydrant in order for the fire hydrant to be seen and located by emergency responders whenever the fire hydrant may be covered by snow or ice.

All privately owned fire hydrants shall be painted a bright yellow color, except for the top of said hydrants, which shall be painted a silver color.

During the period beginning November 15 and ending on April 15 of each and every year, all owners, occupants and tenants of property upon which one or more privately owned fire hydrants lie shall cause to be installed and maintained on each and every such hydrant a snow marker.

Annual inspections, maintenance and testing.

All owners, occupants and tenants of property upon which one or more privately owned fire hydrants lie shall cause all of the following to occur on an annual basis with regard to each and every such hydrant:

Inspection, maintenance and flow testing as set forth in a form to be provided by the Bureau of Fire Prevention; and

[2]

Inspection after each operation.

The form referenced in Subsection H(4)(a)[1] above shall be completed and delivered to the Bureau of Fire Prevention within 10 days of the completion of the required annual inspection, maintenance and flow testing.

Provisions of the Fire Code of New York State, as well as any county, state, and federal laws or regulations, relating to privately owned fire hydrants shall remain in full force and effect within the Town, and shall be in addition to the above. To the extent that there is any conflict between this Code and that contained within the Fire Code of New York State or any county, state, or federal law or regulation, the more restrictive provision shall apply.

§ 15-12 Hazardous materials.

Where identification of buildings and structures containing hazardous materials is required in accordance with the New York State Uniform Fire Prevention and Building Code,[1] the National Fire Protection Association Hazardous Materials Identification System (NFPA 704) shall be utilized.

Editor's Note: See Executive Law § 370 et seq.

Operating permits.

[Added 4-23-2007 by L.L. No. 3-2007]

Operating permits shall be required for conducting the activities or using the categories of buildings listed below:

Manufacturing, storing or handling hazardous materials in quantities exceeding those listed in Table 2703.1.1(1), 2703.1.1(2), 2703.1.1(3) or 2703.1.1(4), of the Fire Code of New York State (see 19 NYCRR Part 1225);

Hazardous processes and activities, including but not limited to commercial and industrial operations which produce combustible dust as a byproduct, fruit and crop ripening, and waste handling;

Use of pyrotechnic devices in assembly occupancies;

Buildings containing one or more areas of public assembly with an occupant load of 100 persons or more; and

Buildings whose use or occupancy classification may pose a substantial potential hazard to public safety, as determined by the government or agency charged with or accountable for administration and enforcement of the Uniform Code.

Parties who propose to undertake the types of activities or operate the types of buildings listed in Subsection B(1) shall be required to obtain an operating permit prior to commencing such operation. An application for an operating permit shall contain sufficient information to permit a determination that quantities, materials, and activities conform to the requirements of the Uniform Code. Tests or reports necessary to verify conformance shall be required.

An inspection of the premises shall be conducted prior to the issuance of an operating permit.

A single operating permit may apply to more than one hazardous activity.

Operating permits may remain in effect until reissued, renewed or revoked or may be issued for a specified period of time consistent with local conditions.