[HISTORY: Adopted by the Board of Trustees of the Village of West
Haverstraw: Art. I, 3-3-1971 as Secs. 7-1 through 7-28
of the 1971 Code, amended in its entirety at time of adoption of Code (see
Ch. 1, General Provisions, Art. I); Art. II, 8-27-1997
by L.L. No. 2-1997. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Chs.
84 and
250.
[Adopted 3-3-1971 as Secs. 7-1 through 7-28 of
the 1971 Code; amended in its entirety at time of adoption of Code (see Ch.
1, General Provisions, Art. I)]
A. The Fire Safety Inspector is empowered and authorized
to make inspection and perform other fire prevention work provided for in
this article, and also such as he deems necessary for the proper performance
of the functions and duties of the Fire Safety Inspector.
B. It shall be the duty of the Fire Safety Inspector to
enforce all laws and regulations of the state and laws of the Village relating
to fire prevention. He shall have such other powers and perform such other
duties as are set forth in other sections of this article and as may be conferred
and imposed upon him from time to time by law.
A. The Fire Safety Inspector is hereby empowered and authorized
at any and all reasonable times, and as often as necessary, to enter upon
and through any business premises, building or structure within the limits
of the Village, in order to:
(1) Examine and inspect the same to ascertain the existence
of hazardous conditions of any nature or description that may lead to loss
of life or property by fire.
(2) Examine and inspect all appliances, devices or apparatus
located on or in the vicinity of such premises and used for protection against
fire.
(3) Investigate any violation of any law of the Village or
laws of the state or regulations promulgated thereunder affecting or dealing
with fire hazards.
B. In private dwellings such inspection shall be restricted
to basements, cellars and chimneys. Any person refusing to permit such entrance
and inspection or who shall interfere with or hinder the same shall be guilty
of a violation of this section.
A. If the Fire Safety Inspector shall find upon the inspection
of any premises, building or structure any rubbish, debris, waste or flammable
or combustible materials and that the same is not so arranged or disposed
of as to afford reasonable safeguard against the danger of fire or shall find
that articles, materials, goods, wares and merchandise on or in such premises,
building or structure are arranged and disposed of so that the occupants thereof
or persons rightfully in or on the same would not, because of such arrangement
and disposition, be afforded reasonable access to the exits of such premises,
building or structure in case of fire or shall find that by reason of such
arrangement or disposition, the members of the Fire Department would unnecessarily
or unreasonably be interfered with in the exercise of their duties in and
about such premises, building or structure in the case of fire in the same,
the Fire Safety Inspector may order, in writing, the removal of such rubbish,
debris, waste or flammable or combustible materials from such premises, building
or structure or the disposing or arrangement of the same on or in such premises,
building or structure in such manner as will remove such danger of fire. He
may also order in writing that such articles, materials, goods, wares or merchandise
be so arranged and disposed of on or in such premises, building or structure
that the occupant thereof or the persons rightfully in or on the same will
be afforded all reasonable access to the exits from the same in case of fire
and the members of the Fire Department will be afforded all reasonable facilities
for the discharge of their duties in or about such premises, building or structure
in the case of fire.
B. The orders provided for in Subsection
A shall be directed to the owner, lessee or occupant of the premises, building or structure or the owner or person in control of the articles, materials, goods, wares or merchandise referred to in Subsection
A, as the circumstances may require.
C. The service of the order or notice required in this section
shall be made by mailing a copy thereof to the last known address of the owner
of the premises in question or his duly authorized agent or by mailing or
delivering a copy thereof to the owner, occupant or person in charge or by
delivery to any person of suitable age and discretion in charge of or apparently
in charge of the premises or, if no person is found in charge of the premises,
then by affixing a copy of such order or notice in a prominent place on the
exterior of such premises.
D. It is hereby made the duty of such owner, lessee or occupant
of such premises, building or structure and of such person in control of such
articles, materials, goods, wares or merchandise or owner thereof to comply
with such order or orders within the time and in the manner directed.
A. Should any owner, lessee or occupant of any premises,
building or structure or the owner or person in control of any materials,
goods, wares or merchandise consider himself aggrieved by any order of the
Fire Safety Inspector, he may, within 72 hours after such order has been served
on him, appeal to the Village Board of Trustees by service of a written protest
upon the Mayor or a Village Trustee or the Village Clerk. The Village Board
of Trustees at a special meeting or at its next regular meeting, as the necessities
of the situation may require, shall thereupon make such order in the premises
as it may deem right and reasonable, and such order shall be final.
B. Any owner or occupant failing to comply with such order within 10 days after such appeal shall have been determined, or if no appeal is taken within 10 days after service of such order, shall be liable to the penalty as stated in §
107-11.
[Amended 6-6-1979 by L.L. No. 4-1979;
11-7-1984 by L.L. No. 4-1984]
There is hereby adopted by the Village, for the purpose of prescribing
regulations governing conditions hazardous to life and property from fire
or explosion, that certain code known as the "New York State Uniform Fire
Prevention and Building Code" which became effective January 1, 1984, for
the Village of West Haverstraw, to become effective immediately in the Village
of West Haverstraw in accord with Article 18 of the Executive Law which became
effective January 1, 1984, together with all amendments thereto; and the whole
thereof, of which code not fewer than one copy is filed in the office of the
Village Clerk, and the same is hereby adopted and incorporated as fully as
if set out at length in this article, and the provisions thereof shall be
controlling within the limits of the Village.
Wherever the word "municipality" is used in the Uniform Fire Prevention
and Building Code adopted by this article, it shall be held to mean the Village
of West Haverstraw. Wherever the term "corporation counsel" is used in such
code, it shall be held to mean the Village Attorney.
The Uniform Fire Prevention and Building Code adopted by this article
shall be enforced by the Fire Safety Inspector of the Village.
The Mayor and the Chief of the Fire Department shall act as a committee
to determine and specify, after giving affected persons an opportunity to
be heard, any new materials, processes or occupancies which shall require
permits in addition to those now enumerated in the Uniform Fire Prevention
and Building Code adopted by this article. The Chief of the Fire Department
shall post such list in a conspicuous place in his office and distribute copies
thereof to interested persons.
Whenever the Chief of the Fire Department shall disapprove an application
or refuse to grant a permit applied for under the Uniform Fire Prevention
and Building Code adopted by this article or when it is claimed that the provisions
of such code do not apply or that the true intent and meaning of the code
have been misconstrued or wrongly interpreted, the applicant may appeal from
the decision of the Chief of the Fire Department to the Village Board of Trustees
within 30 days from the date of the decision appealed.
A report of the Fire Safety Inspector shall be made annually and transmitted
to the Mayor. Such report shall contain all proceedings under the Uniform
Fire Prevention and Building Code adopted by this article, with such statistics
as the Chief of the Fire Department may wish to include therein. The Chief
of the Fire Department shall also recommend any amendments to the code which,
in his judgment, shall be desirable.
A. This section shall not apply to violations of the provisions
of the Uniform Fire Prevention and Building Code punishable under § 382
of the Executive Law.
B. Any person who shall fail to comply with the provisions
of this article or who shall violate or fail to comply with any order made
hereunder or who shall build in violation of any detailed statement of specifications
or plans submitted and approved hereunder or any certificate or permit issued
hereunder and from which no appeal has been taken or who shall fail to comply
with such an order as affirmed or modified by the Chief of the Fire Department
or by a court of competent jurisdiction, within the time fixed herein, shall
severally for each and every such violation be punishable, upon conviction,
by a fine not exceeding $250 or imprisonment for not more than 15 days, or
both, for each offense.
C. The imposition of one penalty for any violation shall
not excuse the violation or permit it to continue, and all such persons shall
be required to correct or remedy such violations or defects within a reasonable
time.
D. When not otherwise specified, each 10 days that prohibited
conditions are maintained shall constitute a separate offense.
E. The application of any penalty for such violations shall
not be held to prevent the enforced removal of prohibited conditions.
[Adopted 8-27-1997 by L.L. No. 2-1997]
A. The intent of this code is to prescribe minimum requirements
necessary to establish a reasonable level of life, safety and property protection
from hazards created by fire and explosion.
B. This code is designed to supplement and expand upon the
requirements of the New York State Uniform Fire Prevention and Building Code.
Should there be a discrepancy between this code and the New York State Uniform
Fire Prevention and Building Code, the more restrictive code shall apply.
Except as otherwise provided herein, the provisions of this code shall
apply equally to new and existing conditions within all buildings within the
Village of West Haverstraw, other than one- and two-family residences; provided,
however, that existing conditions not in strict compliance with this code
may be permitted to continue where the exceptions do not constitute a distinct
hazard to life and property. The Building Inspector, Fire Safety Inspector
and, on appeal, the Bureau of Fire Prevention shall have authority to grant
a waiver of the existing condition upon the written application of the person
owning the installation concerned. Any waiver of existing conditions shall
be based upon the public safety.
The Bureau of Fire Prevention shall function as a Board of Appeals for
all matters covered by this Code. The Bureau of Fire Prevention shall consist
of the Fire Safety Inspector, the Building Inspector and one resident as designated
by the Village Board who shall be a member of the Fire Department holding,
or formerly holding, the rank of Assistant Chief or Chief. Appeals shall be
made, in writing, to the Bureau of Fire Prevention.
This article shall be enforced by the Building Inspector and the Fire
Safety Inspector of the Village; provided, however, that police officers having
jurisdiction within the geographic area involved also shall be authorized
to issue parking tickets and to take other reasonable action as may be necessary
to enforce the parking restrictions hereof, including the removal of vehicles
unlawfully parked in designated fire zones.
Except where a specific penalty shall otherwise be expressly provided
herein, violations of the provisions of the Uniform Fire Prevention Code shall
be punishable as follows:
A. Any person who shall fail to comply with a written order
of the Fire Safety Inspector or Building Inspector within the time fixed for
compliance therewith or who shall violate any of the applicable provisions
of this article or any lawful order, notice, directive, permit or certificate
of the Fire Safety Inspector made thereunder shall be punishable for a fine
of not exceeding $350 or imprisonment for a period not to exceed six months,
or both, for a conviction of a first offense; for a conviction of a second
offense, both of which were committed within a period of five years, punishable
by a fine of not less than $350 nor more than $700 or imprisonment for a period
not to exceed six months, or both; and, upon conviction of a third or subsequent
offense, all of which were committed within a period of five years, punishable
by a fine of not less than $700 nor more than $1,000 or imprisonment for a
period not to exceed six months, or both. Proceedings in connection with such
violations shall be prosecuted in the Village of West Haverstraw Justice Court.
B. An action or proceeding in the name of the Village of
West Haverstraw may be commenced in any court of competent jurisdiction, to
compel compliance with or restrain by injunction the violation of any provision
of the article, rule or regulation adopted pursuant to this article or a violation
order or an order to vacate the occupancy of a building in the case of imminent
danger to life or property. Such remedy shall be in addition to a penalty
otherwise prescribed by law.
The enforcement officials designated in this code (see §
107-15, Enforcement) shall have the power, right and authority to issue an appearance ticket, as the same is defined in Article 150 of the Criminal Procedure Law of the State of New York, for violation of any section of this article or any provision of the New York State Uniform Fire Prevention and Building Code.
A. It shall be the duty of the Fire Safety Inspector and
Building Inspector to inspect all buildings and premises except single-family
dwellings as often as may be necessary for the purpose of ascertaining and
causing to be corrected any conditions liable to cause a fire, contribute
to the spread of a fire, interfere with fire-fighting operation or endangering
life or any violation of the provisions or intent of this article or any other
ordinance or law affecting fire safety.
B. The Fire Safety Inspector and Building Inspector, at
all reasonable hours of the day, or otherwise as may be required by the circumstances
then existing, shall be permitted to enter upon any premises or into any building
or structure to inspect the same for compliance with the provisions of this
article.
C. It shall be the duty of the Fire Safety Inspector and
Building Inspector to notify the proper authorities, if there has been a suspicious
fire or loss of life from fire. Proper authorities investigating said fire
shall notify the Village of West Haverstraw officials responsible for this
code as to the results of their inspection and investigation.
A. Outdoor fires include all fires burning outdoors with
the exception of fires used to cook food in approved and/or recognized grills
or stoves.
B. All outdoor fires are prohibited with the exception of
live burn drills conducted by the Fire Department, fires for religious purposes,
or for other purposes as specifically approved by the Fire Inspector. Prior
approval from the Rockland County Health Department and a permit from the
Fire Inspector are required for all outdoor fires. Any other person, firm
or corporation starting, maintaining or having control over an outdoor fire
would be in violation of this code.
A. When a structure is protected by an automatic fire alarm
system or fire suppression system and access to or within the structure is
unduly difficult because of secured openings and where immediate access is
necessary for lifesaving or fire-fighting purposes, the Building Inspector
or Fire Safety Inspector and may require a key box to be installed in an approved
location.
B. All new business, mercantile, industrial, storage, assembly,
institutional and three-or-more-story multiple residences constructed, altered
or changed in use after the effective date of this code shall have installed
a key box in an approved location. Such key boxes shall be installed prior
to the issuance of a certificate of occupancy.
C. The key box shall be of the type approved by the Building
Inspector or Fire Safety Inspector in order to maintain uniformity throughout
Rockland County. Order forms for said key box must be obtained from the Building
Inspector or Village Clerk.
D. The key box shall contain:
(1) Keys to locked points of ingress, whether on the interior
or exterior of such structures.
(2) Keys to locked mechanical rooms.
(3) Keys to locked electrical rooms.
(4) Keys to elevator controls.
(5) Keys to other areas as directed by the Building Inspector
or Fire Safety Inspector.
(6) The layout of the building showing the locations of the
above.
(7) Other information as requested by the Building Inspector
or Fire Safety Inspector.
New and existing buildings shall have approved address numbers placed
in a position to be plainly legible and visible from the street or road fronting
the property. These numbers shall contrast with their background. The numbers
should be at least four inches in height and, if possible, made of a reflective
material for nighttime visibility.
Every outside opening accessible to the Fire Department that opens directly
on any hoistway or shaftway communicating between two or more floors in a
building shall be plainly marked with the word "SHAFTWAY" in red letters at
least six inches high on a white background; such warning signs shall be so
placed as to be readily discernible from the outside of the building.
Stairways serving four or more stories shall be provided with signs
indicating floor level, roof access or not roof access, and reentry locations
in accordance with the National Fire Protection Association Life Safety Code
(NFTA 101).
A. Upon inspection and identification of a building's
truss, wood I-beam, or other "lightweight" type construction, the owner/occupant
shall be notified by the Building Inspector or Fire Safety Inspector of the
requirements of this code.
B. Upon notification, the owner/operator will be required
to permanently affix an approved twelve-inch-by-eighteen-inch reflective truss
construction identification logo on the building. The exact location shall
be identified by the Building Inspector or Fire Safety Inspector. The identification
logos shall be properly installed with 10 days of receipt of written notice.
[Amended 4-15-1998 by L.L. No. 1-1998]
The use of grills, barbecues or other devices for cooking food utilizing
propane or producing an open flame shall be prohibited in or about any residential
building, including but not limited to one- and two-family residences, townhouses,
condominiums and apartments, except where such grills or other devices are
located no less than 10 feet from the building. The storage of propane or
any other fuel used for such devices on, inside or within 10 feet of any residential
building, including but not limited to one- and two-family residences, townhouses,
condominiums and apartments, shall also be prohibited.
Where security gates are utilized, key boxes shall be provided.
A. Sprinkler systems shall be installed on new construction
as required by the New York State Fire Protection and Building Code.
B. For any existing building, structure or occupancy which
does not contain a sprinkler system, such a system shall be installed, conforming
to NFPA standards, where the total floor area is increased by 50% or more
or for which the cost of any alterations, additions or repairs made within
a six-month period exceeds 50% of the cost of replacement of the building
at the beginning of that six-month period or where the use is converted to
a C5 occupancy, as defined by the New York State Uniform Fire Prevention and
Building Code, 9 NYCRR Title 9. Plans for such system shall be submitted in
accordance with § 100-9B.
C. No certificate of occupancy shall be issued for occupancy
or use of any building, structure or portion thereof required to have a fire
sprinkler system unless such system is installed, inspected, tested and approved
in accordance with NFPA standards.
All sprinkler systems shall be tested on a semiannual basis. Copies
of all service, repair, inspection and testing reports shall be forwarded
to the Fire Safety Inspector within 10 days of such service, repair, inspection
or testing. Test reports shall be maintained on premises and made available
for review by the Fire Safety Inspector and Building Inspector upon request.
In order to ensure that firefighters utilize the proper Siamese connection,
all Siamese connections and/or the protective covers installed on the Siamese
connection shall be color coded as follows:
A. Red: Siamese supplying a standpipe (fire hose) system.
B. Green: Siamese supplying a sprinkler system.
C. Yellow: Siamese supplying a combination standpipe and
sprinkler system.
A. All new and existing buildings and structures other than
one-, two- and three-family residences shall be equipped with fire detection
and alarm systems. A sprinkler system with a water low device monitored to
immediately send an alarm to the Fire Department shall be considered a fire
detection system.
B. All fire detection and alarm systems shall be installed
and maintained in accordance with the most current edition of the National
Fire Protection Association Fire Alarm Code (NFPA 72).
C. All buildings and other structures in existence on the
effective date of this article which are not already equipped with fire detection
and alarm systems shall be required to comply with the provisions of this
section within six months of the effective date hereof.
D. Copies of all service, repair, inspection and testing
reports shall be forwarded to the Fire Safety Inspector within 10 days of
such service, repair, inspection or testing. Copies of all such reports shall
be maintained on premises and made available to the Fire Safety Inspector
or Building Inspector upon request.
E. The Fire Safety Inspector shall be notified, in writing,
prior to the installation of any fire alarm or fire detection system. Such
notification shall consist of plans sufficient to determine compliance with
the fire code.
F. Fire alarm or fire detection systems shall have an annunciator
or remote located at or near the main entrance of the building. Such annunciator
shall show the location and type of alarm. A floor plan of the protected premises
shall also be provided at this location. The location of any annunciator or
panel not clearly visible upon entry of the main entrance of a building shall
be marked with a sign.
G. Upon activation of a fire alarm, the persons in charge
of a premises shall cause the premises to be evacuated unless an evacuation
plan preapproved by the Fire Safety Inspector or Building Inspector is in
place. In such case the provisions of the plan shall be followed.
H. No fire system shall be reset from an alarm condition
unless approved by the Fire Safety Inspector or Fire Department Officer-in-Charge.
A sign stating such shall be provided on all fire alarm panels capable of
resetting an alarm.
I. The owner or responsible party of any premises containing
a fire alarm or fire detection system shall ensure that a qualified technician
is available to respond within two hours of notification to initiate needed
repair or service of the system.
J. If the fire alarm system is not tested on a daily basis,
all dedicated phone lines used for the purpose of maintaining fire alarm systems
shall be equipped with a visual/audio signal on the exterior of the building
to operate in the event of a line failure or disablement. It shall be the
sole responsibility of the property owner to maintain all dedicated fire alarm
system phone lines active at all times.
K. A red name plate with one-inch white letters shall be
located below the visual/audio signal with the following information:
(1) The name of the alarm company.
(2) The telephone number of the alarm company.
All fire detection and sprinkler alarm systems required to be installed
in commercial buildings shall be tied into the Rockland County Central Alarm
System (44 Control).
A. All commercial cooking appliances, exhaust removal systems,
ductwork and related equipment shall be protected by an automatic fire extinguishing
system installed and maintained in compliance with current applicable National
Fire Protection Association Standards.
B. These systems shall be inspected by an approved service
firm on a semiannual basis. To ensure proper inspection, a uniform inspection
form, provided by the Fire Safety Inspector, shall be utilized with a copy
of the completed form forwarded to the Fire Safety Inspector within 10 days
of the inspection. All such reports and completed inspection forms shall be
maintained on premises and shall be available to the Fire Safety Inspector
or Building Inspector upon request.
Wherever deemed necessary for the protection of a special hazard, the
Fire Safety Inspector may require the installation of a special extinguishing
system. Any such special extinguishing system shall be installed and maintained
in accordance with the most current applicable National Fire Protection Association
Standards.
A. The parking of any vehicle within 15 feet of any fire
hydrant or Fire Department Siamese connection shall be prohibited.
B. No shrubs, dumpsters or other items that may obstruct
the view of and/or access to any fire hydrant or Fire Department Siamese connection
shall be permitted.
A. In order to notify responding firefighters of conditions
within a building or structure equipped with sprinkler systems, fire alarm
systems, or containing hazardous materials or other hazards to firefighters,
identification strobe lights shall be installed on the exterior of the building
as follows:
(1) Red strobe light: located above the Fire Department Siamese
connection of a sprinklered building to indicated activation of the water
flow alarm.
(2) Yellow strobe light: installed to indicate activation
of a pull station, smoke detector, heat detector or other alarm device.
(3) Blue strobe light: installed to indicate the presence
of hazardous materials, conditions or other danger to firefighters.
B. The exact location of these lights shall be determined
by the Fire Safety Inspector.
Where identification of buildings and structures containing hazardous
materials is required in accordance with the New York State Uniform Fire Prevention
and Building Code, the National Fire Protection Association Hazardous Materials
Identification System (NFPA 704) shall be utilized.
A. An annual certificate of compliance to ensure compliance
with all requirements of this code and the New York State Uniform Fire Prevention
and Building Code shall be required for all uses and occupancies of property
other than one- or two-family dwellings. Such certificate does not take the
place of any other permits or certificates required by law. It shall not be
transferable, and any change in the use or occupancy of premises shall require
a new certificate.
B. Before a certificate of compliance may be issued, a Fire
Safety Inspector shall make such inspections or tests as are necessary to
assure that the provisions of this Code and the New York State Uniform Fire
Prevention and Building Code are being complied with.
C. Any certificate of compliance required under the provisions
of this section shall be issued by the Building Department upon approval of
the Fire Safety Inspector, and such certificate shall be posted or displayed
in a conspicuous place on the premises.
D. The Village of West Haverstraw may require applicants
to submit written applications supplying under affidavit such information
needed for fire protection purposes as requested by the Fire Safety Inspector
and/or Fire Department.
E. Fees for certificates of compliance for new or changed uses and annual inspection fees payable each year for the specific uses subject to inspection by the Fire Safety Inspector shall be as indicated in Chapter
A255, Fees.
A. No vehicle shall park or stand in any area designated
by the Village as a fire zone.
B. Any person who shall park or stand a motor vehicle in
violation of the restrictions hereof shall be punished by a fine of up to
$75 for a conviction of a first offense; and by a fine of not less than $150
nor more than $350 or imprisonment for a period not to exceed 30 days, or
both, for a conviction of a second or subsequent offense within 18 months;
provided, however, that where any such violation of the parking or standing
restrictions hereof and such violations shall interfere with firefighting
operations at the scene of an actual fire or other emergency call, such violation
shall be punishable as a misdemeanor by a fine not to exceed $1,000 or imprisonment
for a period not to exceed six months, or both.
A. A "false alarm" is the sounding of the alarm and the
dispatching of the Fire Department to a condition for which such response
is unnecessary and unreasonable, including where there is no fire or smoke
condition or other basis for the belief that a fire or other emergency condition
exists.
B. Where there have been more than two false alarms sounded
within a six-month period, there shall be a presumption that the sounding
of such alarm shall be as a result of the failure of a person, firm or corporation
to properly maintain such system in proper working condition, which failure
shall be a violation of this Uniform Fire Prevention Code.
C. A false alarm caused by the failure of a person, firm
or corporation to properly put a system out of service when making repairs,
tests, etc., shall be a violation of this Uniform Fire Prevention Code.
D. Whenever such tests, repairs, alterations
or maintenance inspections are made, a written report in a form specified
by the First Inspector shall be maintained on premises and made available
for review by the Fire Safety Inspector and Building Inspector upon request.