It is the intent of this chapter to prescribe regulations consistent
with nationally recognized good practice for the safeguarding, to
a reasonable degree, of 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 buildings or premises.
This chapter shall be known and may be cited as the "Fire Prevention
Local Law of the Town of Islip."
A.
The provisions of this chapter shall apply equally to new and existing
conditions, except that existing conditions not in strict compliance
with the terms of this chapter shall be permitted to continue where
the exceptions do not constitute a distinct hazard to life or property
in the opinion of the Chief Fire Marshal.
B.
Nothing contained in this chapter 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, unless specifically stated, nor as applying to
the military forces of the United States.
C.
Whenever a provision of this chapter imposes or prescribes any greater
requirement or higher standard on premises, buildings or structures,
or on the use thereof, than is imposed or prescribed by any other
law, ordinance, rule or regulation, the provision of this chapter
shall govern.
[Amended 5-14-2019 by L.L. No. 2-2019]
As used in this chapter, the following terms shall have the
meanings indicated:
Accepted by the Chief Fire Marshal as a result of his investigation
and experience or by reason of test, listing or approval by Underwriters'
Laboratories, Incorporated, the National Bureau of Standards, the
American Gas Association Laboratories or other nationally recognized
testing agencies.
The Assistant Chief Fire Marshal of the Town of Islip.
The Chief Fire Marshal of the Town of Islip.
The Division of Fire Prevention of the Town of Islip.
The Fire Marshal II of the Town of Islip.
Approved 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 products of a fire or any combination
thereof.
The occupancy or use of a building or structure or any portion
thereof by persons harbored or detained to receive medical, charitable
or other care or treatment or by persons involuntarily detained.
The National Fire Protection Association, its standards and
its codes.
Includes his duly authorized agent or attorney, a mortgagee
or vendee in possession, assignee of rents, purchaser, devisee, fiduciary
and any other person having a vested or contingent interest in the
property in question.
The Town Board of the Town of Islip.
[Amended 5-14-2019 by L.L. No. 2-2019]
A Division of Fire Prevention is hereby established within the
Department of Public Safety Enforcement, which shall be operated under
the supervision of the Chief Fire Marshal and, ultimately, the Commissioner
of Public Safety Enforcement. The head of the Division shall be known
as the "Chief Fire Marshal." The Chief Fire Marshal shall devote their
full time to the duties of the Division of Fire Prevention. In the
absence of the Chief Fire Marshal, the Assistant Chief Fire Marshal
or the Fire Marshal II shall have the full power, authority and responsibility
to undertake and perform all acts and duties performed by the Chief
Fire Marshal. There shall be appointed as many Fire Marshals as may
be necessary to assist the Chief Fire Marshal, Assistant Chief Fire
Marshal or Fire Marshal II in their duties. Any Fire Marshal, Fire
Marshal II or Assistant Chief Fire Marshal acting within the scope
of their job duties is acting as a designee of the Chief Fire Marshal.
The Chief Fire Marshal and any marshal of the Division of Fire
Prevention may, at all reasonable hours, enter any building or premises,
with the consent of the owner or occupant, or with a search warrant,
for the purpose of making any inspection or investigation which, under
the provisions of this chapter, he or they may deem necessary to be
made.
A.
It shall be the duty of the Chief Fire Marshal to inspect or cause
to be inspected by the Division of Fire Prevention all buildings and
premises, except the interiors of one- 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 fire or endanger life
from fire or any violations of the provisions or intent of this chapter
and of any other local law affecting the fire hazard.
[Amended 5-14-2019 by L.L. No. 2-2019]
B.
The Chief Fire Marshal and the Division of Fire Prevention shall
cooperate with the Board of Fire Commissioners and other fire district
officers in making inspections within a fire district and inspect
any buildings and premises within a fire district or protected area
at the request of the Board of Fire Commissioners or of the Chief
of the Fire Department that protects the area in which the buildings
or premises are situated.
C.
Nothing contained in this chapter shall be construed as in any way
limiting or restricting the power of any Board of Fire Commissioners
or of any Fire District officer to make inspections or investigations
pursuant to law.
D.
It shall be the duty of the Chief Fire Marshal to inspect or cause
to be inspected by the Division of Fire Prevention all exterior areas
adjacent to or adjoining any structure or building, except one- and
two-family dwellings, for the purpose of designating said areas or
portions thereof as fire zones. Any areas so designated shall be plainly
defined and marked as such in a manner prescribed by the Chief Fire
Marshal.
[Amended 5-14-2019 by L.L. No. 2-2019]
E.
It shall be the duty of the Division of Fire Prevention to investigate
the origin, cause and circumstances of the following when said condition
or occurrence is within the Town of Islip:
(1)
Every fire involving injury or loss of life.
(2)
Every suspicious fire.
(3)
Every fire which the Chief Fire Marshal determines worthy due to
its size, speed or unusual conditions.
(4)
Every hazardous condition or occurrence which might present a clear
and present danger to the health, safety and welfare of the general
public.
(5)
Every fire or related condition or occurrence when requested by the
local Fire Department, Fire District or other duly authorized agency.
F.
It shall be the duty of the Chief Fire Marshal and the Division of
Fire Prevention, upon request, to assist the local Fire Department,
the local Fire District or any other duly authorized agency in the
mitigation of any hazardous condition or occurrence which might present
a clear and present danger to the health, safety and welfare of the
general public when such event shall occur in the Town; provided,
however, that any member of the Division of Fire Prevention may take
appropriate action to protect the health, safety and welfare of any
person, or to minimize damage to property in the event of an emergency.
For purposes of this section, an emergency is defined as an unforeseen
occurrence or condition that calls for immediate action.
(1)
The person or entity responsible for the spill, discharge or other release of any material that creates any hazardous condition or occurrence as described in § 19-7F above shall reimburse the Town for all expenses incurred by the Town for the mitigation and investigation of the hazardous condition or occurrence. This section shall not apply to accidental spills or releases of home heating oil, swimming pool treatments or similar materials within or on the premises of single-family dwellings, unless such spill or release was due to a negligent or intentional act.
G.
It shall be the duty of the Division of Fire Prevention to assist
any Fire Department, Fire District, municipality or any other duly
authorized agency within or part of the Town of Islip, when assistance
is requested by such Fire Department, Fire District, municipality
or duly authorized agency, in the mitigation or investigation of the
origin, cause and circumstances of any fire or hazardous condition
or occurrence which might present a clear and present danger to the
health, safety and welfare of the general public, regardless of the
place of occurrence, provided that the Commissioner of Public Safety
Enforcement or his designee shall first approve the renderings of
such assistance.
(1)
The person or entity responsible for the spill, discharge or other release of any material that creates any hazardous condition or occurrence as described in § 19-7G above shall be responsible to reimburse the Town for all expenses incurred by the Town for the mitigation and investigation of the hazardous condition or occurrence. This section shall not apply to accidental spills or releases of home heating oil, swimming pool treatments or similar materials within or on the premises of single-family dwellings, unless such spill or release was due to a negligent or intentional act.
(2)
It shall be the duty of the Fire Department, Fire District, municipality or other duly authorized agency within or part of the Town of Islip, to provide all necessary assistance in identifying the person or entity responsible for any spill, discharge or other release as described in § 19-7G(1) above and all reasonable assistance in obtaining reimbursement for the Town of Islip therefrom.
H.
It shall be the duty of the Division of Fire Prevention to enforce
the applicable provisions of the New York State Uniform Fire Prevention
and Building Code (commonly referred to as the "NYS Uniform Code")
in addition to any other laws, rules, codes or regulations duly adopted
by the Code of the Town of Islip.
[Amended 5-14-2019 by L.L. No. 2-2019]
It shall be unlawful, unless otherwise permitted by this Code,
to allow or maintain in any building, vehicle or vessel or upon any
premises dangerous or hazardous conditions or materials as follows.
It shall order such dangerous conditions or materials to be removed
or remedied in such manner as may be specified by the Chief Fire Marshal.
A.
Dangerous or unlawful amounts of combustible or explosive or otherwise
hazardous materials.
B.
Hazardous conditions arising from defective or improperly installed
equipment for handling or using combustible or explosive or otherwise
hazardous materials.
C.
Dangerous accumulations of rubbish, wastepaper, boxes, shavings or
other highly flammable materials.
D.
Accumulations of dust or waste material in air-conditioning or ventilating
systems or of grease in kitchen or other exhaust ducts.
E.
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.
F.
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 by reason of age or dilapidated
condition or from any other cause, creates a hazardous condition.
G.
No parking in fire zones and/or within 15 feet of fire hydrants.
No persons shall park or leave standing any vehicle in any area designated
or marked as a fire zone and/or within 15 feet of fire hydrants, 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.
[1]
Editor's Note: Former § 19-9, Service of orders, was
repealed 5-14-2019 by L.L. No. 2-2019.
A.
It shall be unlawful to manufacture, maintain, store, handle or keep explosives, chemicals, flammable liquids and gases or other hazardous materials or to use, install or conduct processes or carry on operations involving or creating conditions which are or may be hazardous to life or property or to install equipment used in connection with such activities, in accordance with this Chapter 19 of the Code of the Town of Islip, without a permit issued by the Chief Fire Marshal, which shall constitute permission in writing. Such permit shall not take the place of any other license required by law and shall not be transferable nor assignable. Each permit shall be limited to the purposes and materials set forth in the face thereof, and any change in use or occupancy of premises shall require a new permit.
[Amended 5-14-2019 by L.L. No. 2-2019]
B.
Before any permit, other than a household or commercial burning permit,
may be issued, the Division of Fire Prevention, with the consent of
the owner or occupant, or with a search warrant, shall inspect and
approve the receptacles, equipment, vehicles, buildings, premises
or storage place to be used. In cases where the approval of any other
governmental agency is required, no permit shall be issued until satisfactory
evidence of such approval has been submitted by the applicant.
C.
All applications for a permit required by this chapter, other than
an application for the household or commercial burning permit, shall
be made to the Chief Fire Marshal in such form and detail as he shall
prescribe. Applications for permits shall be accompanied by such plans
as required by the Chief Fire Marshal. An application for a household
or commercial burning permit may be made to the Chief of the Fire
Department in whose district the burning is to be conducted. A permit
shall not be issued for a period longer than one year unless specifically
stated by some other section of this code. A permit shall not be effective
until such time as the applicant has corrected all violations which
were observed at the time of inspection. The permit fee shall cover
a period of one year from the date of initial inspection, unless specifically
stated by some other section of this code.
D.
Permits shall at all times be kept on the premises designated therein
and shall at all times be subject to inspection by the Division of
Fire Prevention and any officer of the Fire or Police Department.
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.
A copy of each permit, together with the application and plans upon
which it is based, shall be delivered by the Chief Fire Marshal forthwith
to the Chief of the Fire Department which protects the area in which
the premises are situated.
G.
The Chief Fire Marshal may revoke any 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.
[Amended 12-13-2022 by L.L. No. 8-2022]
H.
It shall be unlawful to construct, alter, remove or demolish or to
allow, commence or maintain the alteration, removal or demolition
of a building or structure, or any part thereof, except one- and two-family
dwellings, without first filing with the Building Division an application
in writing and obtaining a formal written permit that has been approved
by the Chief Fire Marshal. Such written approval shall not be given
where said construction or alteration would be in violation of any
of the provisions of this chapter.
[Amended 5-14-2019 by L.L. No. 2-2019]
Fee schedules can be set and adopted by the Chief Fire Marshal
upon the approval of the Commissioner of Public Safety.
This chapter shall not be construed to subject the Town of Islip,
any Fire District or Fire Department therein or any officers or employees
thereof to any civil or other liability 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.
The Chief Fire Marshal shall have the power to modify any of
the provisions of this chapter upon application, in writing, by the
owner or lessee or his duly authorized agent when there are practical
difficulties in the way of carrying out the strict letter of the chapter,
provided that the spirit of the chapter shall be observed, public
safety secured and substantial justice done. The particulars of such
modification, when granted or allowed, and the decision of the Chief
Fire Marshal thereon shall be entered upon the records of the Division
of Fire Prevention, and a copy shall be furnished to the applicant.
Whenever the Chief Fire Marshal 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 Chief Fire Marshal 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 Division of Fire Prevention,
and a copy shall be furnished to the applicant.
A.
Any person who shall violate any of the provisions of this chapter,
including the failure, refusal or neglect to comply with an order
issued by the Chief Fire Marshal, shall be guilty of a violation and,
upon conviction thereof, shall be punishable for a first offense by
a fine not less than $2,000 and not to exceed $4,000 or a term of
imprisonment not to exceed 15 days; for a second offense by a fine
not less than $3,000 and not to exceed $5,000 or a term of imprisonment
not to exceed 15 days; and for a third or subsequent offense within
a five-year period, by a fine of not less than $5,000 and not to exceed
$10,000 or a term of imprisonment not to exceed 15 days.
B.
Each week such violation continues, following notification by the
Town, shall constitute a separate offense punishable in like manner.
C.
The owner or owners of any building or premises or part thereof,
or any person in possession thereof where any violation of this chapter
has been committed or shall exist, and any architect, builder, contractor,
agent, person or corporation who knowingly commits, takes part or
assists in any such violation, or who maintains any building, structure
or premises in which any such violation exists, shall each be guilty
of a separate offense and, upon conviction thereof, shall be fined
and/or imprisoned as herein provided.
D.
In addition to the above penalty, any appropriate action or proceeding
may be instituted or taken to prevent any unlawful construction, erection,
alteration, repair, maintenance or use or to restrain, correct or
abate any violation or to prevent the occupancy of any such building,
structure or premises or to prevent any illegal act, conduct, business
or use in or about such building, structure or premises.
If any article, section, subsection, subdivision, paragraph,
sentence, phrase, clause, word or portion of this chapter is for any
reason held invalid or unconstitutional by a court of competent jurisdiction,
such portion shall be deemed a separate, distinct and independent
provision, and such holding shall not affect the validity of the remaining
portions of this chapter.
[Amended 5-14-2019 by L.L. No. 2-2019]
It shall be unlawful to occupy for use or to allow occupancy
for use any building or structure or part thereof after initial construction
or subsequent alteration prior to an inspection of same by the Division
of Fire Prevention and the issuance of an appropriate certificate
of occupancy or compliance. This section shall not apply to one- and
two-family dwellings.
[Added 5-14-2019 by L.L.
No. 2-2019]
A.
In the
event of an unintended fire on a property, the occupant shall immediately
report such occurrence to the local Fire Department.
B.
It shall
be unlawful to fail to immediately report an unintended fire on a
property to the local Fire Department.
C.
It shall
be unlawful to cause another to delay in the reporting of an unintended
fire to the local Fire Department.
