A.
Permit required; appeal.
(1)
A permit issued pursuant to this chapter is required and shall constitute
permission to maintain, store or handle materials or to conduct processes
which produce conditions hazardous to life or property by fire or
release of hazardous chemicals or materials, or to install equipment
used in connection with such activities. An installation permit shall
be required for the installation of all automatic fire alarm and fire-suppression
systems. Such permit does not take the place of any license required
by law. Installation and operational permits shall not be transferable,
and any change in use, ownership or occupancy of premises shall require
a new permit. An installation permit shall be valid for one year from
date of issuance. An operational permit shall remain in effect until
revoked or terminated for reasons provided in this chapter.
(2)
Whenever the Fire Marshal or CEO shall disapprove an application
or refuse to grant a permit applied for or revoke a permit, or when
it is claimed that the provisions of this chapter do not apply or
that the true intent and meaning of this chapter has been misconstrued
or wrongly interpreted, the applicant may appeal, in writing, from
the decision of the Fire Marshal or CEO to the Town Board within 10
days from the date of the decision appealed. The Town Board, after
receipt of such notice of appeal, may, in its discretion, stay the
effect of any order pending its decision. The decision of the Town
Board shall be entered upon the records of the Building Department,
and a copy shall be furnished to the applicant.
B.
Before a permit required by this chapter may be issued, the Fire
Marshal or CEO shall make such inspections or tests as are necessary
to assure that the provisions of this chapter are complied with.
C.
Any permit required under the provisions of this chapter shall be
issued by the Fire Marshal or CEO. This chapter may not be construed
to relieve a permit applicant from the obligation to obtain any other
required permit or approval from any other municipal or government
agency.
D.
Permit application forms and requirements.
(1)
The Fire Marshal or CEO shall determine the application information
that shall be submitted by the permit applicant to ensure compliance
with this chapter of the Town Fire Prevention Code. An appropriate
application form, pursuant to this chapter, may be established by
the Fire Marshal or CEO with approval of the Town Board.
(2)
Installation contractors must have any necessary New York State license
and/or county or local license to perform work pursuant to permits
issued under the provisions of this chapter.
(3)
Preinstallation fee. If any fire-protection system is modified or
commencement of any installation activity is started without the benefit
of applicable fire-prevention permits, all fees associated with said
modification or installation will be equal to double the otherwise
applicable fee for all fire-prevention permits as provided by the
Town Code.
[Amended 12-3-2002 by L.L. No. 33-2002; 4-19-2005 by L.L. No.
9-2005; 12-5-2006 by L.L. No. 50-2006; 3-4-2008 by L.L. No. 8-2008; 2-1-2011 by L.L. No. 3-2011; 9-18-2012 by L.L. No. 23-2012; 6-7-2016 by L.L. No. 18-2016; 8-21-2018 by L.L. No.
16-2018; 9-8-2021 by L.L. No. 8-2021; 9-6-2023 by L.L. No. 19-2023]
A.
Installation permits.
(1)
Application for the installation, modification or removal of any fire-prevention system, including but not limited to fire alarm system, fire and smoke detecting system, fire sprinkler system, fixed-pipe dry or wet chemical extinguishing system or vent system for the removal of hazardous or grease-laden vapors, new building construction plans or existing building alteration plans, shall be made to the Fire Marshal on forms provided by the Town Fire Marshal. Such forms shall be in accordance with § 231-8D(1) and contain information as may be reasonably required by the Fire Marshal to establish compliance with the applicable codes, ordinances and regulations.
(2)
Fees required by this subsection shall include the review of requisite
plans and not more than two compliance inspections. If additional
inspections are necessary due to inaccurate submissions, improper
installation or defective equipment, an additional fee, equal to the
original application fee, shall be required, which shall entitle the
permittee to not more than two additional inspections.
(3)
Installation permits shall be valid for 12 months following the date
of issue.
(4)
A permit shall be obtained from the Town of Riverhead Fire Marshal
for the installation, addition, modification or repair to a fire service
main system and fire sprinkler service mains. A permit is not required
for annual testing, inspection and maintenance of existing systems.
B.
Operational permits.
(1)
Application for any operational fire-prevention permits shall be made to the Fire Marshal on forms provided by the Town Fire Marshal. Such forms shall be in accordance with § 231-8D(1) and contain information as may be reasonably required by the Fire Marshal or CEO to establish compliance with the applicable codes, ordinances and regulations.
C.
Installation and operational fire-prevention permit fees shall be
established by resolution of the Town Board of the Town of Riverhead.
A.
The Fire Marshal or CEO may revoke a permit or approval issued if
any violation of this chapter 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.
B.
The violation of any provision of the Town Fire Prevention Code or
the New York State Code shall be sufficient grounds for refusal to
grant a permit under authority of this chapter, and such a violation
shall be sufficient grounds for revocation of such a permit after
it has been issued. The permit shall be reinstated upon satisfactory
correction of the cited violation.
C.
No business may operate for more than 30 days without a valid permit.
Failure to obtain a valid permit or to correct violations for which
a permit was revoked shall be deemed a violation of this chapter and
subject to the penalties provided herein.
The issuance of any permit, issuance of any certificate of completion
or the performance of any inspection shall not subject the Town of
Riverhead, any Fire District or Fire Department therein, or any officers
or employees thereof to any liability for any damage to persons or
property.
The Fire Marshal or CEO shall inspect all buildings as permitted
pursuant to Article 18 of the Executive Law of the State of New York
to determine the appropriate fire alarm devices or extinguishing appliances
which shall be required in order to comply with the New York State
Code.
A.
Operative condition required; audible alarms outside building; false
alarms.
(1)
Any equipment which shall have been installed in accordance herewith
shall be maintained in operative condition at all times. Normal maintenance
or repair shall not require a fire-prevention permit.
(2)
All fire alarm and fire sprinkler systems shall have an operational
audible alarm outside of the building to call attention to the fact
that the system is in operation.
B.
Tests, repairs, alterations or additions.
(1)
It shall be unlawful for any owner or occupant to reduce the effectiveness
of any equipment installed pursuant hereto, except this shall not
prohibit the owner or occupant from temporarily reducing or discontinuing
the protection where necessary to make tests, repairs, alterations
or additions.
(2)
When a fire-protection system will be inoperative for reasons of
service, repair or other reason for more than four hours, the Fire
Marshal and Fire Chief shall be notified before such tests, repairs
or alterations are started.
(3)
The Fire Marshal may require an appropriate alternative method of
fire protection and/or a twenty-four-hour fire watch until said permanent
fire-protection system is returned to normal operation.
C.
Sprinkler systems, standpipe systems, fire alarm systems and other
fire protective or extinguishing systems or appliances shall be tested
each year, and a written report of such test shall be filed with the
Fire Marshal or CEO within 10 days of such test.
D.
All portable fire extinguishers shall be annually inspected and tested
as required by NFPA 10. The inspection shall be performed by an appropriately
licensed fire extinguisher service company who will display such license
number on the inspection tag. The inspection tag shall also display
the name of the inspecting company, address, phone number, month and
year of inspection and the serial number of the fire extinguisher.
A violation of this subsection shall subject the inspection or service
company or vendor to the penalties set forth in this chapter.
E.
Inspection of heating equipment.
(1)
All oil-fired, propane or natural-gas hot-water heaters and heating
equipment shall be maintained in operative condition at all times.
Said appliances shall be maintained in accordance with manufacturer's
instructions and inspected by a qualified service technician at the
frequency required or recommended by the manufacturer. In the absence
of such manufacturer's recommendation or requirement, an annual inspection
by a qualified technician shall be performed.
(2)
A written copy of such inspection report shall be kept on the premises
and made available for inspection by the Fire Marshal or CEO upon
request. Pressure boilers regulated by the Department of Labor and
which receive biannual pressure-vessel inspections are not subject
to this subsection.
F.
For all subdivisions, a fee must be posted for the construction of
the requisite water mains and hydrants prior to receiving a foundation
permit. The fee shall be determined by the Planning Department based
on cost estimates. In order to receive a building permit, water main
construction for the subdivision must be certified complete according
to Planning Department requirements, and mains and hydrants must be
charged and capable of providing water in the case of a fire emergency.
[Added 7-19-2005 by L.L. No. 25-2005]
