Town of Brookhaven, NY General Regulations and Provisions

Editor's Note: Former Subsection B, regarding the cooperation of the Chief Fire Marshal and Division of Fire Prevention with the Board of Fire Commissioners, was repealed 12-15-2022 by L.L. No. 16-2022, effective 12-30-2022.

(Reserved)[2]

[2]

Editor's Note: Former Subsection C, establishing the continued authority of the Board of Fire Commissioners or any Fire District to make inspections or investigations, was repealed 12-15-2022 by L.L. No. 16-2022, effective 12-30-2022.

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-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.

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 Brookhaven:

Every fire involving injury or loss of life.

Every suspicious fire.

Every fire which the Chief Fire Marshal determines worthy due to its size, speed or unusual conditions.

Every hazardous condition or occurrence which might present a clear and present danger to the health, safety and welfare of the general public.

Every fire or related condition or occurrence when requested by the local Fire Department, Fire District or other duly authorized agency.

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.

[Amended 9-18-1997 by L.L. No. 14-1997, effective 9-22-1997; 9-1-1998 by L.L. No. 22-1998, effective 9-4-1998]

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 § 30-8F 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.

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 not within or part of the Town of Brookhaven, 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 or his/her designee shall first approve the renderings of such assistance.

[Amended 9-18-1997 by L.L. No. 14-1997, effective 9-22-1997; 3-1-2005 by L.L. No. 8-2005, effective 3-4-2005; 2-28-2019 by L.L. No. 7-2019, effective 3-12-2019]

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 § 30-8F 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.

It shall be the duty of the Fire Department, Fire District, municipality or other duly authorized agency not within or part of the Town of Brookhaven, to provide all necessary assistance in identifying the person or entity responsible for any spill, discharge or other release as described in § 30-8G(1) above and all reasonable assistance in obtaining reimbursement for the Town of Brookhaven therefrom.

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 "Uniform Code") in addition to any other laws, rules, codes or regulations duly adopted by the Code of the Town of Brookhaven.

[Added 4-17-2001 by L.L. No. 12-2001, effective 4-20-2001; amended 12-15-2022 by L.L. No. 16-2022, effective 12-30-2022]

To receive, review, and approve or disapprove applications for construction and installation permits, certificates of compliance, and operating permits, and the plans, specifications, and construction documents submitted with such applications;

Upon approval of such applications, to issue construction and installation permits, certificates of compliance, and operating permits, and to include terms and conditions as the Chief Fire Marshal may determine to be appropriate in construction permits, certificates of compliance, and operating permits;

To conduct construction inspections; inspections to be made prior to the issuance of certificates of compliance, and operating permits; fire safety and property maintenance inspections; inspections incidental to the investigation of complaints; and all other inspections required or permitted under any provision of this chapter;

To issue stop-work orders;

To review and investigate complaints;

To issue orders pursuant to § 30-16 (Violations) of this chapter;

To maintain records;

(8)

To collect fees as set by the Town Board resolution;

(9)

To pursue administrative enforcement actions and proceedings;

(10)

In consultation with the Town of Brookhaven Attorney, to pursue such legal actions and proceedings as may be necessary to enforce the Uniform Code, the Energy Code, and this chapter, or to abate or correct conditions not in compliance with the Uniform Code, the Energy Code, or this chapter; and

(11)

To exercise all other powers and fulfill all other duties conferred upon the Chief Fire Marshal by this chapter.

The Chief Fire Marshal shall be appointed by the Commissioner of the Department of Public Safety. The Chief Fire Marshal shall possess background experience related to building construction or fire prevention and shall, within the time prescribed by law, obtain such basic training, in-service training, advanced in-service training, and other training as the State of New York shall require for code enforcement personnel, and the Code Enforcement Officer shall obtain certification from the Department of State pursuant to the Executive Law and the regulations promulgated thereunder.

[Added 12-15-2022 by L.L. No. 16-2022, effective 12-30-2022]

In the event that the Chief Fire Marshal is unable to serve as such for any reason, another individual shall be appointed pursuant to § 30-5A of this chapter.

One or more Fire Marshal I, Fire Marshal II and an Assistant Chief Fire Marshal may be appointed by the Commissioner of the Department of Public Safety to act under the supervision and direction of the Chief Fire Marshal and to assist the Chief Fire Marshal in the exercise of the powers and fulfillment of the duties conferred upon the Chief Fire Marshal by this chapter. Each Fire Marshal I, Fire Marshal II and Assistant Chief Fire Marshal shall, within the time prescribed by law, obtain such basic training, in-service training, advanced in-service training, and other training as the State of New York shall require for code enforcement personnel, and each inspector shall obtain certification from the Department of State pursuant to the Executive Law and the regulations promulgated thereunder.

§ 30-9 Orders to eliminate dangerous or hazardous conditions.

[Amended 12-15-2022 by L.L. No. 16-2022, effective 12-30-2022]

Whenever the Division of Fire Prevention shall find 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.

Orders to remedy. The Chief Fire Marshal or his/her designee is authorized to order in writing the remedying of any condition or activity found to exist in, on or about any building, structure, or premises in violation of the Uniform Code, the Energy Code, or this chapter, including whenever the Division of Fire Prevention shall find in any building, vehicle or vessel or upon any premises dangerous or hazardous conditions or materials as follows:

Dangerous or unlawful amounts of combustible or explosive or otherwise hazardous materials.

Hazardous conditions arising from defective or improperly installed equipment for handling or using combustible or explosive or otherwise hazardous materials.

Dangerous accumulations of rubbish, wastepaper, boxes, shavings or other highly flammable materials.

Accumulations of dust or waste material in air-conditioning or ventilating systems or of grease in kitchen or other exhaust ducts.

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.

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.

Any violation of this Chapter 30 of the Code of the Town of Brookhaven.

An order to remedy shall be in writing; shall be dated and signed by the Chief Fire Marshal or his/her designee; shall specify the condition or activity that violates the Uniform Code, the Energy Code, or this chapter; shall specify the provision or provisions of the Uniform Code, the Energy Code, or this chapter which is/are violated by the specified condition or activity; and shall include a statement substantially similar to the following:

"The person or entity served with this Order to Remedy must completely remedy each violation described in this Order to Remedy by _____ [specify date], which is 30 days after the date of this Order to Remedy."

The order to remedy may include provisions ordering the person or entity served with such order to remedy (1) to begin to remedy the violations described in the order to remedy immediately, or within some other specified period of time which may be less than 30 days; to continue diligently to remedy such violations until each such violation is fully remedied; and, in any event, to complete the remedying of all such violations within 30 days of the date of such order to remedy; and/or (2) to take such other protective actions (such as vacating the building or barricading the area where the violations exist) which are authorized by this chapter or by any other applicable statute, regulation, rule, chapter or ordinance, and which the Chief Fire Marshal may deem appropriate, during the period while such violations are being remedied. The Chief Fire Marshal shall cause the order to remedy, or a copy thereof, to be served on the owner of the affected property personally or by registered mail or certified mail within five days after the date of the order to remedy. The Chief Fire Marshal shall be permitted, but not required, to cause the order to remedy, or a copy thereof, to be served on any builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any other person taking part or assisting in work being performed at the affected property personally or by registered mail or certified mail within five days after the date of the order to remedy; provided, however, that failure to serve any person mentioned in this sentence shall not affect the efficacy of the compliance order.

§ 30-10 Service of orders.

The service of orders for the correction of violations of § 30-9 shall be made upon the owner, occupant or other person responsible for the conditions, either by delivering a copy of the same to such person or by delivering the same to and leaving it with any person in charge of the premises or, in case no such person is found upon the premises, by affixing a copy thereof in a conspicuous place on said premises. Whenever it may be necessary to serve such an order by affixing a copy thereof in a conspicuous place upon said premises, another copy thereof shall be mailed by certified mail with return receipt requested within 24 hours of posting to the person to whom it is directed at his last known address or place of residence.

If buildings or other premises are owned by one person and occupied by another under lease or otherwise, the orders issued in connection with the enforcing of this chapter shall apply to the occupant thereof, except where the rules or orders require the making of additions to or changes in the premises themselves such as would immediately become real estate and be the property of the owner of the premises; in such cases, the rules or orders shall affect the owner and not the occupant.

[Amended 10-5-1993 by L.L. No. 19-1993, effective 10-12-1993]

§ 30-11 Permits, certificates of compliance and stop-work orders.

[Amended 2-2-1993 by L.L. No. 4-1993, effective 2-12-1993; 3-7-1995 by L.L. No. 8-1995, effective 3-10-1995; 12-15-2022 by L.L. No. 16-2022, effective 12-30-2022]

Operating permits. An operating permit shall be required for conducting any process or activity or for operating any type of building, structure or facility as listed in Chapter 30 of this chapter.

A permit shall constitute permission in writing 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. 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 on the face thereof, and any change in use or occupancy of premises shall require a new permit.

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.

Applications for operating permits. An application for an operating permit shall be in writing on a form provided by or otherwise acceptable to the Chief Fire Marshal. Such application shall include such information as the Chief Fire Marshal deems sufficient to permit a determination by the Chief Fire Marshal that quantities, materials, and activities conform to the requirements of the Uniform Code and this chapter. If the Chief Fire Marshal determines that tests or reports are necessary to verify conformance, such tests or reports shall be performed or provided by such person or persons as may be designated by or otherwise acceptable to the Chief Fire Marshal, at the expense of the applicant. An operating 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 either; an application is received by the Division of Fire Prevention or in the case where a renewal of an existing operating permit, the date of the expiration of said existing permit, unless specifically stated by some other section of this chapter.

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.

Inspections. The Chief Fire Marshal or his/her designee shall inspect the subject premises prior to the issuance of an operating permit. Such inspections shall be performed either in-person or remotely. After inspection, the premises shall be noted as satisfactory and the operating permit shall be issued, or the operating permit holder shall be notified as to the manner in which the premises fail to comply with either or both Uniform Code, this chapter, and the code enforcement program, including a citation to the specific provision or provisions that have not been met.

Multiple activities. In any circumstance in which more than one activity listed in Subsection A(1) of this section is to be conducted at a location, the Chief Fire Marshal may require a separate operating permit for each such activity, or the Chief Fire Marshal may, in their discretion, issue a single operating permit to apply to all such activities.

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.

(8)

Revocation or suspension of operating permits. If the Chief Fire Marshal determines that any activity or building for which an operating permit was issued does not comply with any applicable provision of the Uniform Code or this chapter, such operating permit shall be revoked or suspended.

(9)

The fee specified in or determined in accordance with the provisions set forth in § 30-12 (Fees) of this chapter must be paid at the time of submission of an application for an operating permit, for an amended operating permit, or reissue or for renewal of an operating permit.

(10)

Operating permits shall be valid for 12 months, unless otherwise noted in this chapter.

(11)

Any operating permit issued by the Division of Fire Prevention that has expired for a period in excess of 90 days shall require a renewal fee equal to triple the applicable permit fee.

Construction and installation permits.

Construction and installation permits shall be required for any work which must conform to the Uniform Code, the Energy Code, and this chapter, including, but not limited to, the construction, enlargement, alteration, improvement, removal, relocation, of any building or structure or any portion thereof, except for one-family dwellings, and the installation of any fire detection, fire protection or life safety system. No person shall commence any work for which a construction and/or installation permit is required without first having obtained the appropriate permit from the Chief Fire Marshal.

Applications for construction and installation permits from the Division of Fire Prevention. Applications for a construction or installation permit shall be made in writing on a form provided by or otherwise acceptable to the Chief Fire Marshal. The application shall be signed by the owner of the property where the work is to be performed or an authorized agent of the owner. The application shall include such information as the Chief Fire Marshal deems sufficient to permit a determination by the Chief Fire Marshal, or his/her designee, that the intended work complies with all applicable requirements of the Uniform Code, the Energy Code and this chapter. The application shall include or be accompanied by the following information and documentation:

A description of the location, nature, extent, and scope of the proposed work;

The Tax Map number and the street address of any affected building or structure;

The occupancy classification of any affected building or structure;

(d)

Where applicable, a statement of special inspections prepared in accordance with the provisions of the Uniform Code; and

(e)

At least three sets of construction documents (drawings and/or specifications) which:

Describe the location, nature, extent, and scope of the proposed work;

[2]

Show that the proposed work will conform to the applicable provisions of the Codes;

[3]

Show the location, construction, size, and character of all portions of the means of egress;

[4]

Show the proposed structural, electrical, plumbing, mechanical, fire-protection, and other service systems of the building;

[5]

Include a site plan, drawn to scale and drawn in accordance with an accurate boundary survey, showing the size and location of new construction and existing structures and appurtenances on the site, distances from lot lines, the established street grades and the proposed finished grades, and

[6]

Evidence that the documents were prepared by a licensed and registered architect in accordance with Article 147 of the New York State Education Law or a licensed and registered professional engineer in accordance with Article 145 of the New York State Education Law and practice guidelines, including but not limited to the design professional's seal which clearly and legibly shows both the design professional's name and license number and is signed by the design professional whose name appears on the seal in such a manner that neither the name nor the number is obscured in any way, the design professional's registration expiration date, the design professional's firm name (if not a sole practitioner), and, if the documents are submitted by a professional engineering firm and not a sole practitioner professional engineer, the firm's certificate of authorization number.

Construction documents. Construction documents will not be accepted as part of an application for a construction and/or installation permit unless they satisfy the requirements set forth in Subsection D(5) of this section. Construction documents which are accepted as part of the application for a construction and/or installation permit shall be marked as accepted by the Chief Fire Marshal in writing or by stamp, or in the case of electronic media, an electronic marking. One set of the accepted construction documents shall be retained by the Chief Fire Marshal, and one set of the accepted construction documents shall be returned to the applicant to be kept at the work site so as to be available for use by the Chief Fire Marshal or his/her designee. However, the return of a set of accepted construction documents to the applicant shall not be construed as authorization to commence work, nor as an indication that a construction and/or installation permit will be issued. Work shall not be commenced until and unless a construction and/or installation permit is issued.

Issuance of construction and installation permits. An application for a construction and/or installation permit shall be examined to ascertain whether the proposed work is in compliance with the applicable requirements of the Uniform Code, Energy Code and this chapter. The Chief Fire Marshal or his/her designee shall issue a construction and/or installation permit if the proposed work is in compliance with the applicable requirements of the Uniform Code, Energy Code, and this chapter.

Construction and installation permits to be displayed. Construction and installation permits shall be visibly displayed at the work site and shall remain visible until the authorized work has been completed.

Work to be in accordance with construction documents. All work shall be performed in accordance with the construction documents which were submitted with and accepted as part of the application for the construction or installation permit. The construction and installation permits shall contain such a directive. The permit holder shall immediately notify the Chief Fire Marshal or his/her designee of any change occurring during the course of the work. The construction and installation permit shall contain such a directive. If the Chief Fire Marshal or his/her designee determines that such change warrants a new or amended construction or installation permit, such change shall not be made until and unless a new or amended construction or installation permit reflecting such change is issued.

Time limits. Construction and installation permits shall become invalid unless the authorized work is commenced within 12 months following the date of issuance. Construction and installation permits shall expire 12 months after the date of issuance. A construction and installation permit which has become invalid, or which has expired pursuant to this subsection, may be renewed upon application by the permit holder, payment of the applicable fee, and approval of the application by the Chief Fire Marshal or his/her designee.

(8)

Revocation or suspension of construction and installation permits. If the Chief Fire Marshal determines that a construction or installation permit was issued in error because of incorrect, inaccurate, or incomplete information, or that the work for which a construction or installation permit was issued violates the Uniform Code, Energy Code, and/or this chapter, the Chief Fire Marshal shall revoke the construction or installation permit or suspend the construction or installation permit until such time as the permit holder demonstrates that:

All work then completed is in compliance with all applicable provisions of the Uniform Code, Energy Code and this chapter; and

All work then proposed to be performed shall be in compliance with all applicable provisions of the Uniform Code, Energy Code and this chapter.

(9)

A copy of each construction permit, together with the plans upon which it is based, shall be delivered by the Chief Fire Marshal or his/her designee forthwith to the Chief of the Fire Department which protects the area in which the premises are situated.

(10)

Fees. The fee specified in or determined in accordance with the provisions set forth in § 30-12 of this chapter must be paid at the time of submission of an application for any construction or installation permit, for an amended construction or installation permit, or for renewal of a construction or installation permit.

Certificates of compliance.

Certificates of compliance required. A certificate of compliance shall be required for any work which is the subject of a construction or installation permit and for all structures, buildings, or portions thereof, which are converted from one use or occupancy classification or subclassification to another.

Issuance of certificates of compliance. The Chief Fire Marshal or his/her designee shall issue a certificate of compliance if the work which was the subject of the construction or installation permit was completed in accordance with all applicable provisions of the Uniform Code, Energy Code and this chapter and, if applicable, that the structure, building or portion thereof that was converted from one use or occupancy classification or subclassification to another complies with all applicable provisions of the Uniform Code, Energy Code and this chapter. The Chief Fire Marshal, or his/her designee, shall inspect the building, structure, or work prior to the issuance of a certificate of compliance. In addition, where applicable, the following documents, prepared in accordance with the provisions of the Uniform Code by such person or persons as may be designated by or otherwise acceptable to the Chief Fire Marshal, at the expense of the applicant for the certificate of compliance, shall be provided to the Chief Fire Marshal or his/her designee prior to the issuance of the certificate of compliance:

A final report of special inspections.

Certificates of compliance. A certificate of compliance shall contain the following information:

The Division of Fire Prevention construction or installation permit number;

The name (if any), address and Tax Map number of the property;

If the certificate of compliance is not applicable to an entire structure, a description of that portion of the structure for which the certificate of compliance is issued;

(d)

The use and occupancy classification of the structure;

(e)

The type of construction of the structure;

(f)

The occupant load of the assembly areas in the structure, if any;

(g)

Any special conditions imposed in connection with the issuance of the construction or installation permit; and

(h)

The signature of the Chief Fire Marshal or his/her designee issuing the certificate of compliance and the date of issuance.

Revocation or suspension of certificates. If the Chief Fire Marshal determines that a certificate of compliance was issued in error or on the basis of incorrect information, and if the relevant deficiencies are not corrected to the satisfaction of the Chief Fire Marshal within such period of time as shall be specified by the Chief Fire Marshal, the Chief Fire Marshal shall revoke or suspend such certificate.

Stop-work orders.

Authority to issue. The Chief Fire Marshal, or his/her designee, is authorized to issue stop-work orders pursuant to this section. The Chief Fire Marshal or his/her designee shall issue a stop-work order to halt:

Any work that is determined by the Chief Fire Marshal or his/her designee to be contrary to any applicable provision of the Uniform Code, Energy Code, or this chapter, without regard to whether such work is or is not work for which a construction and/or installation permit is required, and without regard to whether a construction and/or installation permit has or has not been issued for such work; or

Any work that is being conducted in a dangerous or unsafe manner in the opinion of the Chief Fire Marshal or his/her designee, without regard to whether such work is or is not work for which a construction and/or installation permit is required, and without regard to whether a construction and/or installation permit has or has not been issued for such work; or

Any work for which a construction and/or installation permit is required which is being performed without the required construction and/or installation permit, or under a construction and/or installation permit that has become invalid, has expired, or has been suspended or revoked.

Content of stop-work orders. Stop-work orders shall:

Be in writing;

Be dated and signed by the Chief Fire Marshal or his/her designee;

State the reason or reasons for issuance; and

(d)

If applicable, state the conditions which must be satisfied before work will be permitted to resume.

Service of stop-work orders. The Chief Fire Marshal or his/her designee shall cause the stop-work order, or a copy thereof, to be conspicuously affixed to the building, structure, equipment or system, and to be served on the owner of the affected property and, if the owner is not the permit holder, on the permit holder personally or by US Mail. The Chief Fire Marshal or his/her designee shall be permitted, but not required, to cause the stop-work order, or a copy thereof, to be served on any builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any other person taking part or assisting in work affected by the stop-work order, personally or by US Mail; provided, however, that failure to serve any person mentioned in this sentence shall not affect the efficacy of the stop-work order.

Effect of stop-work order. Upon the issuance of a stop-work order, the owner of the affected property, the permit holder, and any other person performing, taking part in or assisting in the work shall immediately cease all work which is the subject of the stop-work order, other than work expressly authorized by the Chief Fire Marshal or his/her designee to correct the reason for issuing the stop-work order.

Remedy not exclusive. The issuance of a stop-work order shall not be the exclusive remedy available to address any event described in Subsection A of this section, and the authority to issue a stop-work order shall be in addition to, and not in substitution for or limitation of, the right and authority to pursue any other remedy or impose any other penalty under § 30-16 (Violations) of this chapter or under any other applicable chapter or state law. Any such other remedy or penalty may be pursued at any time, whether prior to, at the time of, or after the issuance of a stop-work order.

§ 30-12 Fees.

[Amended 3-6-1990 by L.L. No. 10-1990, effective 3-12-1990; 11-17-2016 by L.L. No. 24-2016, effective 12-5-2016]

The fees shall be established by Town Board resolution.

§ 30-13 Exemption from liability.

This chapter shall not be construed to subject the Town of Brookhaven, 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.

§ 30-14 Modifications.

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.

§ 30-15 Appeals.

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.

§ 30-16 Violations. [1]

[Added 12-15-2022 by L.L. No. 16-2022, effective 12-30-2022]

Appearance tickets. The Chief Fire Marshal, Assistant Chief Fire Marshal, Fire Marshal I and Fire Marshal II are authorized to issue appearance tickets for any violation of the Uniform Code or this chapter.

Penalties. In addition to such other penalties as may be prescribed by state law:

Any person who violates any provision of this chapter or any term, condition, or provision of any operating, construction or installation permit or other notice or order issued by the Chief Fire Marshal or his designee pursuant to any provision of this chapter, shall be punishable by a fine of not more than $125 per day of violation, or imprisonment not exceeding 15 days, or both; and

Any person who violates any provision of the Uniform Code, the Energy Code or this chapter, or any term or condition of any operating permit, construction, or installation permit or other notice or order issued by the Chief Fire Marshal or his/her designee pursuant to any provision of this chapter, shall be liable to pay a civil penalty of not more than $125 for each day or part thereof during which such violation continues. The civil penalties provided by this subsection shall be recoverable in an action or special proceeding instituted in the name of this Town.

Injunctive relief. An action or special proceeding may be instituted in the name of this Town, in a court of competent jurisdiction, to prevent, restrain, enjoin, correct, or abate any violation of, or to enforce, any provision of the Uniform Code, the Energy Code, this chapter, or any term or condition of any operating, construction or installation permit, order to remedy, or other notice or order issued by the Chief Fire Marshal or his/her designee pursuant to any provision of this chapter. In particular, but not by way of limitation, where the construction, installation or use of a building or structure is in violation of any provision of the Uniform Code, the Energy Code, this chapter, or any stop-work order, order to remedy or other order obtained under the Uniform Code, the Energy Code or this chapter, an action or proceeding may be commenced in the name of this Town in the Supreme Court or in any other court having the requisite jurisdiction, to obtain an order directing the removal of the building or structure or an abatement of the condition in violation of such provisions. No action or proceeding described in this subsection shall be commenced without the appropriate authorization from the Town Board of this Town.

Remedies not exclusive. No remedy or penalty specified in this section shall be the exclusive remedy or penalty available to address any violation described in this section, and each remedy or penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the other remedies or penalties specified in this section, in § 30-11D (Stop-work orders) of this chapter, in any other section of this chapter, or in any other applicable law. Any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any other remedy or penalty specified in this section, in § 30-11D (Stop-work orders) of this chapter, in any other section of this chapter, or in any other applicable law. In particular, but not by way of limitation, each remedy and penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the penalties specified in Subdivision (2) of § 382 of the Executive Law, and any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any penalty specified in Subdivision (2) of § 382 of the Executive Law.

Editor's Note: Former § 30-16, Penalties for offenses, as amended, was repealed 1-16-2017 by L.L. No. 22-2017, effective 11-28-2017.

§ 30-17 Severability.

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.

§ 30-18 Occupancy of buildings.

No building or structure or part thereof erected or altered in accordance with § 30-11H shall be occupied for use until an inspection of the same has been conducted by the Division of Fire Prevention and an appropriate certificate of compliance issued.

§ 30-19 Biennial registration of commercial properties.

[Amended 11-23-2010 by L.L. No. 45-2010, effective 12-7-2010; 3-1-2018 by L.L. No. 5-2018, effective 3-12-2018]

All persons, corporations or other entities owning improved commercial used, zoned or assessed properties in the Town of Brookhaven shall file a certificate of registration with the Chief Fire Marshal in accordance with regulations, as she/he shall prescribe.

A biennial fee, as established by Town Board resolution, is due and payable every January commencing in the year 2019. Penalties for failure are prescribed in § 30-16 herein.[1]