This chapter shall be known and may be cited as the "Fire Prevention Code."
A.
It is the intention of the Town Board to establish regulations to safeguard 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 land or buildings, whether or not the land is improved or the building is occupied.
[Amended 1-14-2015 by L.L. No. 3-2015]
B.
The Town Board hereby adopts the provisions of the Fire code of New York State and successor law for application within its jurisdictional borders, which shall be enforced in accordance with the enforcement provisions of this chapter to the fullest extent permitted by law.
[Amended 1-14-2015 by L.L. No. 3-2015]
C.
The Town Board intends to enforce the provisions of the Fire Code of New York State; the standards and regulations published by the National Fire Protection Association; and the provisions of this Chapter to prevent the loss of life and the destruction of property by fire and other hazards.
D.
Pursuant to § 119.1 (Administration and Enforcement) of the New York State Uniform Fire Prevention & Building Code; 19 NYCRR § 1203.2; Executive Law § 381(2) and § 382; Municipal Home Rule Law § 10(1)(ii)(a)(11) and (12), § 10(1)(ii)(d)(3), § 10(3)(b) and (4)(a) and (b); Town Law § 130(3-a), (5), (11), (15) and (16); and other applicable laws, rules, and regulations, or successor laws, the enforcement provisions of this Chapter shall control and supersede any remedy or enforcement provision contained in the Fire Code of New York State, and other applicable state law, rule, regulation or successor law to the fullest extent permitted by law.
This chapter establishes regulations affecting or relating to buildings, structures, installations, processes, premises and safeguards regarding:
1.
The hazard of fire and explosion arising from the storage, handling or use of structures, materials or devices;
2.
Conditions hazardous to life, property or public welfare in the occupancy of structures or premises;
3.
Fire hazards in the structure or on the premises from occupancy or operation;
4.
Matters related to the construction, extension, repair, alteration or removal of fire suppression or fire alarm systems.
Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable.
For the purpose of this Chapter the following terms shall have the meanings indicated. Where terms are not defined in this chapter and are defined in the Fire Code of New York State, Building Code of New York State, Mechanical Code of New York State, Fuel Gas Code of New York State, Residential Code of New York State, Property Maintenance Code of New York State or the Plumbing Code of New York State, such terms shall have the meanings ascribed therein. Where terms are not defined through the methods authorized by this section, such terms shall have their ordinary accepted meaning.
Acceptable to the fire code official.
A listed system of devices and equipment that automatically detects a fire and discharges an approved fire-extinguishing agent onto or in the area of a fire.
A sprinkler system, for fire protection purposes, is an integrated system of underground and overhead piping designed in accordance with fire protection engineering standards. The system includes a suitable water supply. The portion of the system above the ground is a network of specially sized or hydraulically designed piping installed in a structure or area, generally overhead, and to which automatic sprinklers are connected in a systematic pattern. The system is usually activated by heat from fire and discharges water over the fire area.
A system supplying carbon dioxide (CO2) from a pressurized vessel through fixed pipes and nozzles. The system includes a manual or automatic actuating mechanism.
A fire-extinguishing system using electrically non-conducting, volatile, or gaseous fire extinguishant that does not leave a residue upon evaporation.
A construction permit allows the applicant to install or modify fire protection equipment.
A building primarily providing sleeping and/or residential quarters for large numbers of people including but not limited to boarding school, college or university students.
[Added 1-14-2015 by L.L. No. 3-2015]
A single unit providing complete, independent living facilities for one or more persons, including provisions for living, sleeping, eating, cooking and sanitation.
A system or portion of a combination system consisting of components and circuits arranged to monitor and annunciate the status of fire alarm or supervisory signal-initiating devices and to initiate the appropriate response to those signals.
The Town of Huntington Chief Fire Marshal, Senior Fire Marshal or Fire Marshal charged with the administration and enforcement of the Fire Code of New York State or the Fire Prevention Code of the Town of Huntington.
Listed 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 and products of a fire or any combination thereof. Fire protection systems include; automatic fire-extinguishing systems, automatic sprinkler systems, carbon dioxide extinguishing systems, clean agent extinguishing systems, fire alarm systems, foam-extinguishing systems, mechanical smoke control systems, and halogenated extinguishing systems.
A special system discharging foam made from concentrates, either mechanically or chemically, over the area protected.
Space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces, and similar areas are not considered habitable space.
A fire-extinguishing system using one or more atoms of an element from the halogen chemical series: fluorine, chlorine, bromine and iodine.
The storage of combustible materials in closely packed piles on pallets, in racks or on shelves where the top of the storage is greater than twelve (12) feet in height. High piled combustible storage also includes certain high-hazard commodities, such as rubber tires, Group A plastics, flammable liquids, roll paper, idle pallets and similar commodities, where the top of the storage is greater than six (6) feet in height.
An area within a building or structure that is designated, intended, proposed or actually used for high-piled combustible storage.
Operations including cutting, welding, thermite welding, thawing pipe, installation of torch-applied roof systems or any other similar activity.
The area exposed to sparks, hot slag, radiant heat, or convective heat as a result of the hot work.
A limited license is issued to an individual to proceed with a specific activity concerning the installation, repair, or modification of fire protection equipment. Limited licenses are issued for Fire Suppression Clean Agent systems, Fire Suppression Industrial Systems, Fire Suppression Kitchen Systems, and Fire Sprinkler systems.
[Added 1-14-2015 by L.L. No. 3-2015]
Equipment or materials included on a list published by an approved testing laboratory, inspection agency or other organization concerned with current product evaluation that maintains periodic inspection of production of listed equipment or materials, and whose listing states that equipment or materials comply with approved nationally recognized standards and have been tested or evaluated and found suitable for use in a specified manner.
A building or portion thereof that is utilized or occupied for more than one use or purpose. Mixed use occupancies may include residential dwelling units.
[Added 1-14-2015 by L.L. No. 3-2015]
A building or portion thereof designed for or occupied by three or more family units living independently of each other and are classified as Group R-2 under the Fire Code of New York State.
[Added 1-14-2015 by L.L. No. 3-2015]
The purpose for which a building or portion thereof is utilized or occupied.
[Added 1-14-2015 by L.L. No. 3-2015]
A room or enclosed space designed for human occupancy in which individuals congregate for amusement, educational or other purposes or in which occupants engage at labor, which is equipped with means of egress and light and ventilation facilities meeting the requirements of the Building Code of New York State.
The burning of materials where 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, smudge pots and similar devices associated with safety or occupational uses.
An operational permit allows the applicant to conduct an operation, activity, or business for which a permit is required under this Chapter for either a prescribed period, or until renewed or revoked.
A permit shall constitute permission to maintain, store or handle materials; or to conduct processes which produce conditions hazardous to life or property; or to install equipment utilized in connection with such activities; or to install or modify any fire protection system or equipment or any other construction, equipment, installation or modification for which the permit is issued.
An individual, business entity, association, or a group acting as a unit.
The use of a building or structure, or a portion thereof, for the gathering of less than fifty (50) people for purposes including but not limited to civic, social or religious functions, recreation, food or drink consumption or awaiting transportation.
[Amended 6-17-2014 by L.L. No. 26-2014]
The use of a building or structure, or a portion thereof, for the gathering of fifty (50) or more people for purposes including but not limited to civic, social or religious functions, recreation, food or drink consumption or awaiting transportation.
[Added 6-17-2014 by L.L. No. 26-2014]
An outdoor fire burning materials other than rubbish for pleasure, religious, ceremonial, cooking, warmth or similar purposes.
An engineered system that uses mechanical fans to produce pressure differences across smoke barriers or to establish air flows to limit and direct smoke movement.
Bituminous roofing systems using membranes that are adhered by heating with a torch and melting asphalt back coating instead of mopping hot asphalt for adhesion.
The Bureau of Fire Prevention is a division of the Department of Engineering Services of the Town of Huntington, under the supervision of the Director of Engineering Services. The Chief Fire Marshal shall be the administrative head of the bureau and shall have such powers necessary for the proper administration of the bureau consistent with applicable provisions of law. The Bureau shall have additional enforcement personnel including the Senior Fire Marshal and Fire Marshals.
The Director of Engineering Services shall appoint the Chief Fire Marshal.
The Chief Fire Marshal shall be a graduate of a State Code Enforcement training program established by the State of New York, and shall meet the requirements of all applicable laws and regulations. If at the time of appointment he lacks completion of a state approved course of study in fire prevention and protection, such course shall be completed within eighteen (18) months after the appointment.
A.
The Chief Fire Marshal shall administer and enforce the Fire Prevention Code of the Town of Huntington, the Fire Code of the State of New York, and the provisions of all other applicable laws and rules, and shall perform the following duties:
(1)
Investigation of fires: all major fires within the Town shall be investigated for cause and origin.
(2)
Plan review: review of all system plans and design specifications, pertaining to the issuance of construction permits.
(3)
Inspection: inspection of sprinkler system installations, standpipe system installations, commercial fire detection and fire alarm system installations, alternate agent suppression system installations; and preparation of inspection reports.
(4)
Enforcement: issuance of notices of violation and summonses and provide assistance to the Town Attorney and other town departments in the prosecution of violations in the Town of Huntington, including but not limited to § 87-25 of the town code.
[Amended 1-14-2015 by L.L. No. 3-2015]
(5)
Complaints: review and assign personnel to investigate all complaints pertaining to the existence of conditions or activities that fail to comply with the Fire Code of New York State, the provisions of this chapter and, or other applicable laws and rules.
(6)
Instructional: preparation and distribution of literature on fire prevention and protection, and training of Fire Code Officials regarding inspection procedures.
(7)
Permits: the granting or denial of construction permits; the granting or denial of operating permits after inspection and report by the Fire Code Officials, except that permits for household or commercial burning may also be granted or denied by local fire district authorities.
(8)
Records: maintenance of records and preparation of statistics on matters pertaining to fire prevention in the Town of Huntington, such as permits, violations, complaints, summonses issued, disposition of court cases and number, location, cause and type of fires.
(9)
Standard forms: standardization of forms and procedures utilized by all Fire Code Officials regarding matters which pertain to the Fire Prevention Code of the Town of Huntington and Fire Code of New York State.
(10)
Liaison: liaison between all fire service agencies and other Town departments.
(11)
Fees: collection of fees resulting from the review and inspection of construction permits, operating permits, and property maintenance inspections.
(12)
Reports: submission of an annual report to the Town Board containing a review of the operations of the Bureau, recommending necessary changes and providing related statistics and other information requested by the Town Board.
(13)
Supervision: coordinate the activities of Fire Code Officials.
B.
Duties of the Senior Fire Marshal and Fire Marshals.
(1)
The Senior Fire Marshal shall assist the Chief Fire Marshal in the coordination of the activities of all Fire Marshals; perform inspections pertaining to construction permits for the installation of fire protection systems; and conduct investigation of fires as directed by the Chief Fire Marshal.
(2)
Fire Marshals shall perform inspections pertaining to the issuance of operational permits and temporary operational permits; perform property maintenance and fire safety inspections; investigate complaints; schedule and perform fire safety programs throughout the Town; and perform activities as directed by the Chief Fire Marshal or the Senior Fire Marshal.
[Amended 5-10-2016 by L.L. No. 24-2016]
A.
The Fire Code Official is authorized to enter and inspect properties under his jurisdiction during reasonable hours to determine the condition of common areas, storage areas and other spaces within the building and exterior of the premises, pursuant to the New York State Fire Code and Property Maintenance Code, and other applicable laws, rules and regulations.
B.
Search without warrant restricted. Nothing in this chapter, except for the provisions concerning emergency inspections, shall be deemed to authorize the Fire Code Official to conduct an inspection of any property subject to this chapter without the consent of the owner, managing agent, or occupant of the premises, or without a warrant duly issued by a court of competent jurisdiction.
C.
Application for a search warrant. See Chapter 71 of the Huntington Town Code. The Town ordinance/code enforcement officer is authorized to make application to any court of competent jurisdiction for the issuance of a search warrant in order to conduct an inspection of any premises covered by this chapter where the owner or managing agent or occupant fails or refuses to allow an inspection. The application for a search warrant shall in all respects comply with the applicable laws of the State of New York.
D.
Emergencies. If, in the judgment of the Fire Code Official, an emergency exists as when a condition or hazard is an immediate peril to the public health and safety, or a serious and immediate danger to property, he may enter any building or structure, during reasonable hours, to inspect and investigate.
[Amended 1-14-2015 by L.L. No. 3-2015]
The chief of any fire department providing firefighting services within the Town of Huntington shall promptly notify the Chief Fire Marshal of any fire or explosion involving any structural damage to a building, fuel burning appliance, chimney or gas vent on property within his jurisdiction.
[Added 12-10-2024 by L.L. No. 51-2024]
(A) CONDITION ASSESSMENT DETERIORATION PARKING GARAGE PROFESSIONAL ENGINEER RESPONSIBLE PROFESSIONAL ENGINEER UNSAFE CONDITION UNSAFE STRUCTURE
Definitions. For the purposes of this section:
An on-site inspection and evaluation of a parking garage for evidence of deterioration of any structural element or evidence of the existence of any unsafe condition in such parking garage, and evidence indicating that such parking garage is an unsafe structure.
The weakening, disintegration, corrosion, rust, or decay of any structural element or building component, or any other loss of effectiveness of a structural element or building component.
Any building or structure, or part thereof, in which all or any part of any structural level or levels is used for parking or storage of motor vehicles, excluding:
An individual who is licensed or otherwise authorized under Article 145 of the Education Law to practice the profession of engineering in the State of New York and who has at least three years of experience performing structural evaluations.
The professional engineer who performs a condition assessment, or under whose supervision a condition assessment is performed, and who seals and signs the condition assessment report. The use of the term "responsible professional engineer" shall not be construed as limiting the professional responsibility or liability of any professional engineer, or of any other licensed professional, who participates in the preparation of a condition assessment without being the responsible professional engineer for such condition assessment.
A premises, building or structure, or any building system or equipment, in whole or in part, constitutes a clear and imminent threat to human life, safety or health.
A structure that is so damaged, decayed, dilapidated, or structurally unsafe, or is of such faulty construction or unsafe foundation, that partial or complete collapse is possible.
(B)
Operating permits.
(1)
An operating permit is required for operating a parking garage in the Town of Huntington.
(2)
Applications for operating permit. An application for a garage operating permit shall be in writing on a form provided by or otherwise acceptable to the Town of Huntington Building Department deems sufficient to make a determination that the subject parking garage conforms to the requirements of the New York State Fire Prevention and Building Code ("Uniform Code") and this Code, as they pertain to the structural integrity of the parking garage.
(3)
Inspection. As a condition to the issuance of an operating permit, the subject parking garage must have a current and satisfactory Fire Prevention and Building Inspection Report (or Certificate) issued by the Town of Huntington Building Department. The inspection must conform that the subject parking garage conforms to the requirements of the New York State Uniform Fire Prevention and Building Code ("Uniform Code") and the Town of Huntington Municipal Code as they relate to the structural integrity of the building/structure.
(4)
Additional tests and reports. The Town of Huntington Building Department, Department of Engineering, Fire Marshal, or duly authorized representative, may require such tests, repairs and/or renovations as deemed necessary to verify or obtain compliance with the Uniform Code and this Codes as they pertain to the structural integrity of the parking garage. Such tests, reports, repairs and/or renovations shall be performed or provided by such person(s) as may be designated by, or otherwise acceptable to, the Town of Huntington, at the expense of the applicant.
(5)
Duration of operating permit.
(a)
Initial operating permit. An initial operating permit issued to the owner of a parking garage in accordance with the terms of this section shall be effective until such time as the Town of Huntington Building Department receives and accepts the initial condition assessment of such parking garage, payment of the applicable fees, and the owner or operator is issued an initial operating permit by the Town of Huntington Building Department.
(b)
Renewals.
(6)
Fees. Every applicant for a permit or renewal to maintain, conduct or operate a parking garage shall file with the Town of Huntington Building Department an application along with the appropriate fees as stated on the application.
(7)
Transferability. No operating permit issued under the provisions of this section shall be transferred or assigned to any person or used by any person other than the permit holder to whom it was issued, nor shall such permit be used at any location other than the location stated in such permit.
(8)
Violations. Failure to comply with an/or conform to any applicable provisions of this code, as determined by the Fire Marshal, Town of Huntington Building Department, Town of Huntington Engineering Department, or official authorized representatives, may result in a fine of not more than $1,000 for each offense, and/or revocation or suspension of such operating permit. The decision to suspend or revoke such operating permit shall rest solely with the Town of Huntington Building Department, who in their discretion may reinstate such operating permit upon submission of such evidence as they deem appropriate that the offending condition has been remedied.
(C)
Condition assessments; general requirements.
(1)
The owner-operator of each parking garage located in the Town of Huntington must undergo an initial condition assessment as described in this section, periodic condition assessments described in Subsection (D), and such additional condition assessments as may be required under Subsection
(2)
Each condition assessment shall be conducted by or under the direct supervision of a professional engineer. A written report of each condition assessment shall be prepared, and provided to the Town of Huntington Building Department in accordance with the requirements in Subsection (F). Before performing a condition assessment (other than the initial condition assessment) of a parking garage, the responsible professional engineer for such condition assessment shall review all available previous condition assessment reports for such parking garage.
(D)
Initial condition assessment. Each parking garage shall undergo an initial condition assessment as follows:
(1)
New parking garages shall undergo an initial condition assessment following construction and prior to a certificate of occupancy, certificate of compliance, or operating permit being issued for the structure.
(2)
Existing parking garages shall undergo an initial assessment as follows:
(3)
The owner of each parking garage is solely responsible for the timely performance of conditional assessments, including, but not limited to, payment of all associated costs and fees.
(E)
Periodic condition assessments.
(1)
Following the initial condition assessment of a parking garage, such parking garage shall undergo periodic condition assessments at intervals not to exceed three years.
(2)
No operating permit shall be renewed unless and until the Town of Huntington Building Department has received, reviewed and accepted the periodic condition assessment report required by this section, including any additional condition assessments required to be performed in accordance with this section.
(F)
Additional condition assessments.
(1)
If the latest condition assessment report for a parking garage includes a recommendation by the responsible professional engineer that an additional condition assessment of such parking garage, or any portion of such parking garage, be performed before the date in which the next periodic condition assessment would be required under Subsection (C), the owner or operator of such parking garage shall be required to undergo an additional condition assessment no later than the date recommended in such condition assessment report.
(a)
If the professional engineer becomes aware of any new or increased deterioration which, in the judgment of the professional engineer, indicates that an additional condition assessment of the entire parking garage, or of the portion of the parking garage affected by such new or increased deterioration, should be performed before the date by which the next periodic condition assessment would be required under Subsection (C), the professional engineer shall require the owner or operator of such garage to cause such parking garage (or, if applicable, the portion of the parking garage affected by such new or increased deterioration) to undergo an additional conditional assessment no later than the date determined by the professional engineer to be appropriate.
(G)
Condition assessment reports.
(1)
The responsible professional engineer shall prepare, or directly supervise the preparation of, a written report of each condition assessment, and shall submit such condition assessment report to the Town of Huntington Building Department within 30 days. Such condition assessment report shall be sealed and signed by the responsible professional engineer, and shall include:
(a)
An evaluation and description of the extent of the deterioration and conditions that cause deterioration that could result in an unsafe condition or unsafe structure;
(b)
An evaluation and description of the extent of deterioration and conditions that cause deterioration that, in the opinion of the responsible professional engineer, should be remedied immediately to prevent an unsafe condition or unsafe structure;
(c)
An evaluation and description of the unsafe condition(s);
(d)
An evaluation and description of the problems associated with the deterioration, conditions that cause deterioration, and unsafe conditions;
(e)
An evaluation and description of the corrective options available, including the recommended timeframe for remedying the deterioration, conditions that cause deterioration, and unsafe conditions;
(f)
An evaluation and description of the risks associated with not addressing the deterioration, conditions that cause deterioration, and unsafe conditions;
(g)
The responsible professional engineer's recommendation regarding preventative maintenance;
(h)
Except in the case of the report of the initial condition assessment, the responsible professional engineer's attestation that he or she reviewed the previously prepared condition assessment reports available for such parking garage, and considered the information in the previously prepared reports while performing the current condition assessment and while preparing the current report; and
(i)
The responsible professional engineer's recommendation regarding the time within which the next condition assessment of the parking garage or portion thereof should be performed. In making the recommendation regarding the time within which the next condition assessment of the parking garage or portion thereof should be performed, the responsible professional engineer shall consider:
[1]
The age of the parking garage;
[2]
The maintenance history;
[3]
Structural condition;
[4]
Construction materials;
[5]
Frequency and intensity of use;
[6]
Location;
[7]
Exposure to the elements;
[8]
And any other factors deemed relevant by the responsible professional engineer in his or her professional judgment.
(H)
Review condition assessment reports.
(1)
The Town of Huntington Building Department shall take such enforcement action or actions in response to the information in such condition assessment report as may be necessary or appropriate to protect the public from the hazards that may result from the conditions described in such report.
(2)
The professional engineer shall forward all condition assessment reports and other pertinent information that may indicate unsafe building or structure to the Director of the Building Department.
(3)
The Director of the Building Department or designee shall take such enforcement action or actions in response to the information in such condition assessment report as may be necessary or appropriate to protect the public from an unsafe structure. In particular, but not by way of limitation, the Director of the Building Department or designee shall, by order of remedy or such other means of enforcement, require the owner or operator of the parking garage to limit or prohibit occupancy of an unsafe parking garage.
(4)
All repairs and remedies shall comply with the applicable provisions of the Town of Huntington Building Code and Permit Requirements.
(5)
This section shall not limit or impair the right to take any other enforcement action, including but not limited to suspension or revocation of a parking garage's operating permit, as may be necessary or appropriate in response to the information in a condition assessment report.
(I)
The Town of Huntington shall retain all condition assessment reports for the life of the parking garage. Upon request by a professional engineer who has been engaged to perform a condition assessment of a parking garage; and who provides the Town of Huntington with a condition assessment report for such parking garage, the Town of Huntington shall be permitted to require the owner or operator of the subject parking garage to pay all costs and expenses associated with making such previously prepared condition assessment reports (or copies thereof) available to the professional engineer.
(J)
No limitation of rights.
(1)
This section shall not limit or impair the right or obligation of the Town of Huntington:
(a)
To perform such construction inspections as are required by the stricter of 19 NYCRR Part 1203(b) or this Code;
(b)
To perform such periodic fire safety and property maintenance inspections as required by the stricter of 19 NYCRR Part 1203(d) or this code;
(c)
To take such enforcement action or actions as may be necessary or appropriate to respond to any condition that comes to the attention of the Town of Huntington.
(2)
Use of the term "responsible professional engineer" in this section shall not be construed as limiting the professional responsibility or liability of any professional engineer, or any other licensed professional, who participates in the preparation of a condition assessment without being the responsible professional engineer for such condition assessment.
(K)
Conflict of terms. In the event of any inconsistency between the provisions of this section and any other provisions of this Code, this section shall govern and control.