[Amended 12-13-2022 by L.L. No. 8-2022]
As used in this article, the following terms shall have the
meanings indicated:
A large outdoor fire utilized for ceremonial purposes, typically
taking place in a large open area.
The burning of materials wherein 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, smudgepots and similar devices associated with safety
or occupational uses typically considered open flames, recreational
fires or use of portable outdoor fireplaces. For the purpose of this
definition, a chamber shall be regarded as enclosed when, during the
time combustion occurs, only apertures, ducts, stacks, flues or chimneys
necessary to provide combustion air and permit the escape of exhaust
gas are open.
An outdoor fire burning materials other than rubbish where
the fuel being burned is not contained in an incinerator, outdoor
fireplace, portable outdoor fireplace, barbeque grill or barbeque
pit and has a total fuel area of three feet (914 millimeters) or less
in diameter and two feet (610 millimeters) or less in height for pleasure,
religious, ceremonial, cooking, warmth or similar purposes.
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.
The burning of any rubbish or waste on private or public
grounds. Rubbish or waste consists of household garbage, excess building
materials (including fencing and decking) and landscaping debris (leaves
and grass clippings).
[Amended 12-13-2022 by L.L. No. 8-2022]
A.
Permit
required. No person shall kindle or maintain any bonfire or authorize
any such fire to be kindled or maintained on or in any public street,
alley or road. No person shall kindle or maintain, any bonfire or
authorize any such fire to be kindled or maintained on any privately
owned property or in any other public ground. During construction
or demolition of buildings or structures, no waste materials or rubbish
shall be disposed of by burning on the premises or in the immediate
vicinity. This shall be in no way construed as being applicable to
backyard barbecues. The requirements of this section shall be in addition
to any other permits required by a higher governmental agency.
B.
Location
restricted. No person to whom a permit is issued shall kindle or maintain
any bonfire or authorize any such fire to be kindled or maintained
on any private land unless the location is not less than 50 feet from
any structure and adequate provision is made to prevent fire from
spreading to within 50 feet of any structure or the fire is contained
in an approved waste burner located safely not less than 15 feet from
any structure. This shall in no way be construed as applicable to
backyard barbecues.
C.
Before
a permit can be issued for a bonfire, there shall be adequate fire
protection on site from the Fire Department that protects the area.
The Chief of the Fire Department shall determine the level of fire
protection needed.
D.
Chief may
prohibit. The Chief of the Fire Department which protects the area,
or his designee, may prohibit any or all bonfires when atmospheric
conditions or local circumstances make such fire hazardous.
E.
The Chief
Fire Marshal may prohibit all bonfires regardless of any permissions
in all or any part of the Town of Islip when atmospheric conditions
or local circumstances make such fires hazardous. Notice of such prohibition
and its subsequent termination shall be made to each Fire Department
as soon as practicable.
F.
All permits
and permissions required within the scope of this section shall at
all times be present at the location of such burning and shall be
readily available for inspection by members of the Fire Department,
Police Department or Division of Fire Prevention.
[Added 12-13-2022 by L.L. No. 8-2022]
Open burning of grass, brush, leaves, rubbish, building materials
and/or other combustible or flammable materials is prohibited within
the Town of Islip, unless a permit for such open burning has first
been obtained from the state or local air and water quality management
authority. This permit shall be displayed and be readily available
for inspection by the Fire Department, Police Department or Division
of Fire Prevention.
[Added 12-13-2022 by L.L. No. 8-2022]
Recreational fires shall not be conducted within 25 feet (7,620
mm) of a structure or combustible material. Conditions that could
cause a fire to spread within 25 feet (7,620 mm) of a structure shall
be eliminated prior to ignition. Portable outdoor fireplaces shall
be used in accordance with the manufacturer's instructions and shall
not be operated within 15 feet (3,048 mm) of a structure or combustible
material. This shall be in no way construed as being applicable to
portable outdoor fireplaces used at one- and two-family dwellings.
[Added 12-13-2022 by L.L. No. 8-2022]
Open burning, bonfires, recreational fires and use of portable
outdoor fireplaces shall be constantly attended until the fire is
extinguished. Not fewer than one portable fire extinguisher complying
with Section 906 with a minimum 4-A rating or other approved on-site
fire-extinguishing equipment, such as dirt, sand, water barrel, garden
hose or water truck, shall be available for immediate utilization.
[Added 12-13-2022 by L.L. No. 8-2022]
Open burning, bonfires, and recreational fires are prohibited
on all Town properties. Town properties include, but are not limited
to, all Town parks, beaches, marinas, ballfields, playgrounds and
any other properties used by the public. This shall be in no way construed
as being applicable to fires in the provided barbeque pits in Town
facilities for the purpose of food preparation.
[Amended 12-13-2022 by L.L. No. 8-2022]
The use of a torch or other flame-producing device for removing
paint, varnish or any other interior or exterior finish from any building
or structure is prohibited.
[Amended 12-13-2022 by L.L. No. 8-2022]
A.
No person
making, using, storing or having in charge or under his control any
shavings, excelsior, rubbish, sacks, bags, litter, hay, straw or combustible
waste materials shall fail or neglect at the close of each day to
cause all such material which is not compactly baled and stacked in
an orderly manner to be removed from the building or stored in suitable
vaults or in metal-lined, covered receptacles or bins. The Chief Fire
Marshal shall require suitable baling presses to be installed in all
stores, apartment buildings, factories and similar places where accumulations
of paper and waste materials are not removed at least every second
day.
B.
All receptacles
or bins hereinabove referred to shall be kept closed at all times
and shall be located not less than 15 feet from any building or structure
unless otherwise specified by the Chief Fire Marshal. Any such receptacles
or bins equipped with wheels shall be enclosed within a noncombustible
sill or wall no less than four inches in height.
A.
Permit required. No person shall store in any building or upon any
premises in excess of 2,500 cubic feet in gross volume of combustible
empty packing cases, boxes, barrels or similar containers, rubber
tires, baled cotton, rubber or cork or other similarly combustible
materials without a permit.
B.
Storage requirements. Storage in buildings shall be orderly, shall
not be within two feet of the ceiling and shall not be so located
as to endanger exit from the building. Storage in the open shall not
be more than 20 feet in height, shall be so located, with respect
to adjacent buildings, as not to constitute a hazard and shall be
compact and orderly.
A.
No person shall take an open flame or light into any building, barn,
vessel, boat or any other place where highly flammable, combustible
or explosive material is kept unless such light or flame shall be
well-secured in a glass globe, wire mesh cage or similar approved
device.
B.
No heating or lighting apparatus or equipment capable of igniting
flammable materials of the types stored or handled shall be used in
the storage areas of any warehouse storing rags, excelsior, hair or
other highly flammable or combustible material; nor in the work area
of any shop or factory used for the manufacture, repair or renovating
of mattresses or bedding; nor in the work area of any establishment
used for the upholstering of furniture.
[Amended 5-14-2019 by L.L. No. 2-2019]
A.
All chimneys, smokestacks or similar devices for conveying smoke
or hot gases to the outer air and the stoves, furnaces, restaurant-type
cooking equipment, incinerators, fire boxes or boilers to which they
are connected shall be constructed and maintained in such manner as
not to create a hazardous condition. A permit shall be obtained from
the Chief Fire Marshal for the installation of any of the above-mentioned
equipment which is connected to any chimney, smokestack or similar
device. This section shall be applicable to all construction, excluding
one- and two-family dwellings.
A.
All concealed or closed-off spaces above ceilings or other similar
areas shall be provided with suitable access from either the interior
or exterior of the structure whenever said spaces contain any fire-detecting
equipment or devices, fire-suppression equipment or devices or smoke/fire-control
equipment or devices. This section does not apply to spaces that contain
only wiring or piping for such equipment or devices.
B.
Access opening required by this section shall have a minimum clear
opening of not less than 24 inches by 48 inches.
C.
One access opening shall be provided for each 3,000 square feet of
concealed or closed-off space.
D.
Access openings shall be arranged so that the maximum travel distance
from any opening to the farthest area of such concealed or closed-off
space does not exceed 75 feet.
E.
Every access opening shall have the same fire resistance rating as
the wall/ceiling/floor assembly in which it is located.
[Added 5-14-2019 by L.L.
No. 2-2019]
Whenever it is found that a building or structure or part thereof
may be an imminent danger to life and safety of the public, the Fire
Marshal may require the occupants of any such building or structure
or any part thereof to vacate the premises forthwith. No person shall
use or occupy such building or structure or part thereof until it
is made safe. Except for the owner, or the owner's designee, no person
shall enter a premises which has been ordered vacated unless authorized
to perform inspections, repairs, remove contents of or to demolish
and remove such building or structure or part thereof.
[Added 5-14-2019 by L.L.
No. 2-2019]
A.
When required
by the Fire Marshal, a sign shall be placed at each primary entrance
to a building identifying hazards located in the building or on the
premises.
B.
Hazard
identification signs shall have letters not less than two inches in
height, and of a color contrasting with the background color, so as
to be readily discernible from the outside of the building.
Any person causing guard dogs to be harbored or kept on the
premises shall cause notice of the presence of said guard dogs to
be posted conspicuously on the premises. Said notice shall consist
of reflective decals or placards in such form as shall be approved
or supplied by the Chief Fire Marshal. Said decals or placards shall
be placed in locations specified by the Division of Fire Prevention
and shall not be considered signs under other chapters of the Code
of the Town of Islip. In addition, said person shall notify the Chief
Fire Marshal and the local Fire Department having jurisdiction over
his premises of the fact that guard dogs are present on the premises
and shall give to said Chief Fire Marshal and local Fire Department
the name and phone number of a person to be contacted in the event
of an emergency during such times as no employees are present at the
premises. When services of guard dogs are no longer required, the
Chief Fire Marshal and the Fire Department affording protection shall
be notified, and the placard shall be removed and, if supplied by
the Division of Fire Prevention, shall be surrendered to said Division.
[1]
Editor's Note: Former § 19-44.1, Dumping of flammable
and combustible liquids, was repealed 5-14-2019 by L.L. No. 2-2019.
[Amended 5-14-2019 by L.L. No. 2-2019]
The use of razor wire, barbed wire, concertina wire or any other
similar wire or device designed to injure persons coming in contact
with the same is prohibited in or on any building or structure or
portion thereof unless specifically approved by the Chief Fire Marshal.
