Town of Henrietta, NY
Monroe County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Henrietta 9-19-1984. Amendments noted where applicable.]
GENERAL REFERENCES
Alarm systems — See Ch. 13.
Appearance tickets — See Ch. 25.
Building and development — See Ch. 48.
Unsafe buildings — See Ch. 56.
Electrical standards — See Ch. 94.
Property maintenance — See Ch. 205.
A. 
This chapter shall be known and cited as the "Town of Henrietta Fire Prevention Code."
B. 
It is the intent of this chapter to provide for the administration and enforcement of the provisions of all laws, codes, ordinances, regulations and orders applicable to:
(1) 
The location, design, materials, construction, alteration, repair, equipment, use, maintenance, occupancy, removal and demolition of buildings, structures and appurtenances located in the Town.
(2) 
Fire prevention and firesafety regulations consistent with the nationally recognized good practice for the safeguarding, to a reasonable degree, of life and property from the hazards of fire and explosions arising from hazardous conditions in the use or occupancy of buildings or premises and from the storage and use of hazardous substances, materials and devices.
There is hereby adopted by the Town Board of the Town of Henrietta, New York, for the purpose of prescribing regulations governing building construction and conditions hazardous to life and property from fire, explosion or other causes, the regulations and standards as set forth in the New York State Uniform Fire Prevention and Building Code (henceforth referred to as the "Uniform Code").
A. 
All technical terms used in this chapter shall be defined as set forth in the Uniform Code, except as such terms may otherwise be defined in this chapter.
B. 
As used in this chapter, the following terms shall have the meanings indicated:
APPEARANCE TICKET
A written notice issued and subscribed by a police officer or other public servant authorized by state or local law enacted pursuant to the provisions of the Municipal Home Rule Law to issue the same, directing a designated person to appear in a designated local criminal court at a designated future time in connection with his alleged commission of a designated offense. A notice conforming to such definition constitutes an appearance ticket, regardless of whether it is referred to in some other provision of law as a summons or by any other name or title.
DWELLING UNIT
One or more rooms with provisions for living, sleeping or cooking arranged for the use of one or more persons.
FIRE MARSHAL
As used in this chapter, the Fire Marshal, Deputy Fire Marshals and any Fire Inspector who is employed by the Town of Henrietta.
(1) 
A property consisting of a tract of land and all tents, vehicles, buildings or other structures and installations, temporary or permanent, pertaining thereto, any part of which may be occupied by people who are provided with at least some part or portion of the facilities by the operator, owner, lessee or occupant thereof, with or without stipulated agreement as to the duration of their stay. It shall include but shall not be limited to a property occupied by adults or children, or both, primarily for educational, recreational or vacation purposes; a group of three or more cabins, trailers or houses; a property used as a labor camp; a tourist camp, motel, hotel, tourist home, boardinghouse or lodging house, apartment house or apartment complex; or other establishment comparable or equivalent thereto or notwithstanding the provision aforesaid in respect to some part or portion of the facilities.
(2) 
A property providing ground areas for the parking of three or more occupied travel trailers, campers or mobile homes or the erection of tents or other shelters for overnight occupancy which is occupied or maintained for occupancy by 10 or more people.
TRADE
The trade of installing, charging, filling, maintaining, recharging, refilling and/or testing rechargeable fire extinguishers or fixed fire extinguisher systems.
[Added 3-20-2002 by L.L. No. 3-2002]
VIOLATION ORDER
Any written notice prepared by a Fire Marshal given to the person, individual, partnership or corporation owning, operating or maintaining said premises to which the notice is addressed listing any and all items which violate the Uniform Code, this chapter or any rule or regulation issued under this chapter.
A. 
There is hereby designated the Department of the Fire Marshal/Building Inspector to administer and enforce the New York State Uniform Fire Prevention and Building Code and this chapter.
[Amended 2-15-2006 by L.L. No. 1-2006]
B. 
The Fire Marshal in charge of the Department of the Fire Marshal/Building Inspector as well as the Deputy Fire Marshals shall be appointed by the Town Board. The term "Fire Marshal" shall refer to a Fire Marshal or Deputy Fire Marshal(s).
[Amended 2-15-2006 by L.L. No. 1-2006]
C. 
Powers and duties of the Fire Marshal.
(1) 
Except as otherwise specifically provided by law, ordinance, rule or regulation or except as herein otherwise provided, the Fire Marshal shall administer and enforce all laws, codes, ordinances, regulations and orders applicable to fire prevention and firesafety. The Fire Marshal shall also prescribe procedures consistent with nationally recognized good practice for the safeguarding, to a reasonable degree, of life and property from hazardous conditions, from fire arising from the use or occupancy of buildings and from the storage of hazardous substances, materials and devices.
(2) 
The Fire Marshal may require the performance of field or laboratory tests by qualified persons, service bureaus, agencies or accredited and authoritative testing laboratories whenever he may deem it necessary or appropriate to assure compliance with the provisions of applicable laws, codes, ordinances, standards, specifications, rules and regulations.
(3) 
The Fire Marshal shall investigate the cause, origin and circumstances of every fire occurring in the municipality which is of a suspicious nature or which involves loss of life or injury to persons or by which property has been substantially damaged or destroyed. Such investigation shall commence immediately following extinguishment of such fire, with the approval of the fire officer in charge, and if it appears that such fire is of a suspicious origin, the Chief of the Fire District shall be immediately notified of the facts. The Fire Marshal shall preserve immediately any physical evidence, shall notify the proper authorities designated by law to pursue the investigation of such matters and shall further cooperate with the authorities in the prosecution of the case. The foregoing shall be without prejudice to the right of the Fire Chief to notify the proper authorities directly and to turn over any evidence gathered at the scene to the proper authorities.
(4) 
The Fire Marshal shall be notified immediately of all working fires which involve structural damage which affects the continued occupancy of the premises.
(5) 
The Fire Marshal shall keep official records of all transactions and activities of the Department, including records of all applications received, all permits and certificates issued, fees charged and collected, inspections conducted and notices and orders issued.
[Amended 2-15-2006 by L.L. No. 1-2006]
(6) 
The Fire Marshal may adopt procedures for the administration and enforcement of this chapter and the Uniform Code.
A. 
Upon payment of the fee, as prescribed in the schedule of fees adopted by the Town Board, permits shall be issued by and bear the name and signature of the Fire Marshal and shall specify:
(1) 
The activity or operation for which the permit is issued.
(2) 
The address or location where the activity or operation is to be conducted.
(3) 
The name and address of the permittee.
(4) 
The permit number and date of issuance.
(5) 
The period of permit validity.
B. 
Permits shall not be transferable, and any change in activity, operation, location, ownership or use shall require a new permit.
C. 
Permits shall continue until revoked or for a period of time designated at the time of issuance, not to exceed one year. An extension of the permit time period may be granted, provided that a satisfactory reason can be shown for failure to start or complete the work or activity authorized within the required time period. Permits issued for one year shall be renewed yearly upon application therefor and the payment of the permit fee as hereby required.
D. 
Permits shall be obtained for the following:
(1) 
Acetylene generators: to operate an acetylene generator having a calcium carbide capacity exceeding five pounds.
(2) 
Automobile tire rebuilding plants: to operate an automobile tire rebuilding plant.
(3) 
Automobile wrecking yards: to operate an automobile wrecking yard.
(4) 
Bowling establishments: for bowling pin refinishing and bowling lane resurfacing operations involving the use and application of flammable or combustible liquids or materials.
(5) 
Cellulose nitrate motion-picture film: to store, keep or have on hand more than 25 pounds of cellulose nitrate motion-picture film.
(6) 
Cellulose nitrate plastics (pyroxylin):
(a) 
To store, keep or have on hand more than 25 pounds of cellulose nitrate plastics (pyroxylin).
(b) 
To manufacture articles of cellulose nitrate plastics (pyroxylin), which shall include the use of cellulose nitrate plastics (pyroxylin) in the manufacture or assembling of other articles.
(7) 
Combustible fibers: to store, handle or use combustible fibers in quantities in excess of 100 cubic feet, except agricultural products on a farm.
(8) 
Combustible materials: to store combustible materials, including but not limited to empty combustible packing cases, boxes, barrels or similar containers, rubber tires, baled cotton, rubber, cork or other similar materials in excess of 2,500 cubic feet gross volume, on any premises.
(9) 
Compressed gases:
(a) 
To store, handle or use at normal temperatures and pressures more than:
[1] 
Two thousand cubic feet of flammable compressed gas; or
[2] 
Six thousand cubic feet of nonflammable compressed gas.
(b) 
To store, handle or use any quantity of liquefied natural or hydrogen gas.
(10) 
Cryogenics: to store, handle or use cryogenic fluids, except cryogenics used as a motor fuel and stored in motor vehicle tanks, as follows:
(a) 
Production, sale or storage of cryogenic fluids.
(b) 
Storage or use of flammable cryogenic fluids, cryogenic oxidizers or liquefied oxygen in excess of 10 gallons.
(11) 
Dry-cleaning plants: to use in excess of four gallons of solvents or cleaning agents classified as flammable or combustible.
(12) 
Dust-producing plants: to operate any grain elevator, flour, starch or feed mill, woodworking plant or plant pulverizing aluminum, coal, cocoa, plastics, magnesium, spices, sugar, sulfur or other materials producing potentially explosive dust.
(13) 
Explosive ammunition and blasting agents:
(a) 
To manufacture, possess, store, sell or otherwise dispose of explosives and blasting agents.
(b) 
To use explosives or blasting agents.
(c) 
To operate a terminal for handling explosives or blasting agents.
(14) 
Flammable and combustible liquids:
(a) 
To store, handle or use flammable liquids in excess of five gallons inside dwellings or in excess of 10 gallons outside of any building. This provision shall not apply to liquids in the fuel tank of a motor vehicle, aircraft, portable or stationary engine, boat or portable heating plant or to paints, oils, varnishes or similar flammable mixtures, when such liquids are stored for maintenance, painting or similar purposes.
(b) 
To store, handle or use combustible liquids in excess of 25 gallons inside a building or in excess of 60 gallons outside of a building. This provision shall not apply to fuel oil used in connection with oil-burning equipment.
(c) 
A permit shall be obtained for the initial installation of an oil burner and a fuel oil tank used in connection therewith. A permit shall be required for the replacement of a fuel oil tank connected to an oil burner.
(d) 
For processing, blending or refining of flammable or combustible liquids.
(15) 
Flammable finishing: for spraying, coating or dipping operations utilizing flammable or combustible liquids.
(16) 
Fruit-ripening process: to conduct a fruit-ripening process using ethylene gas.
(17) 
Fumigation and thermal insecticidal fogging: to conduct fumigation or thermal insecticidal fogging operations.
(18) 
Hazardous chemicals:
(a) 
To store, handle or use more than 55 gallons of corrosive liquids; or more than 50 pounds of oxidizing materials; or more than 10 pounds of organic peroxides; or more than 50 pounds of nitromethane; or 1,000 pounds or more of ammonium nitrate, ammonium nitrate fertilizers and fertilizer mixtures containing 60% or more ammonium or any amount of toxic material or poisonous gas.
(b) 
To store, handle or use any quantity of air-reactive, water-reactive or unstable materials.
(19) 
Junkyards: to operate a junkyard.
(20) 
Liquefied petroleum gas: for each installation of liquefied petroleum gas employing a container or an aggregate of interconnected containers of 500 gallons or more water capacity, and for each permanent installation, irrespective of the size of containers, made at buildings in which 20 or more persons congregate for civic, political, educational, religious, social or recreational purposes. Installers shall maintain a record of all installations and replacement of portable cylinders and shall have it available for inspection.
(21) 
Lumberyards: to operate a lumberyard.
(22) 
Magnesium: for melting, casting, heat-treating, machining or grinding of more than 10 pounds of magnesium per working day.
(23) 
Matches:
(a) 
To manufacture matches.
(b) 
To store matches in excess of 25 cases. (NOTE: One case equals one matchman's gross of 14,400 matches.)
(24) 
Organic coatings: to perform organic coating operations utilizing more than one gallon of organic coating on any working day.
(25) 
Ovens and furnaces: to operate industrial processing ovens and furnaces operating at approximately atmospheric pressures and temperatures not exceeding 1,400° F. which are heated with oil or gas fuel or which, during operation, contain flammable vapors from the material in the oven or catalytic combustion system.
(26) 
Places of assembly: to maintain, operate or use a place of assembly.
(27) 
Service stations and repair garages: to operate a service station or repair garage.
(28) 
Storage of certain substances: to store, handle or use:
(a) 
Poison gas: any amount.
(b) 
Poison and irritant: any amount.
(c) 
Flammable solid: any amount.
(d) 
Radioactive material: any amount.
(e) 
Dangerous-when-wet material: any amount.
(f) 
Etiologic material: any amount.
(29) 
Welding and cutting: to operate a welding and cutting business. A record of all locations where welding or cutting operations are performed shall be maintained and kept available for inspection by the permit holder.
(30) 
Waste oil heaters: to operate, maintain or use a waste oil heater in any service station, self-service station or repair garage.
(31) 
To install any solid-fuel-burning device.
(32) 
Standby commercial/residential generators.
[Added 2-18-2015 by L.L. No. 1-2015]
(a) 
A building permit shall be required to install or locate any standby generator on a residential/commercial parcel, except for portable nonintegrated generators.
(b) 
Generators shall:
[1] 
Be located a minimum of four feet from any property line.
[2] 
Be installed in rear yards or side yards only.
[3] 
Be located a minimum of three feet from any structure or per manufacturer’s instructions.
[4] 
Be located on a solid, noncombustible base/pad.
[5] 
Meet all applicable regulations of the New York Uniform Fire Prevention and Building Code.
[6] 
Be installed to comply with the manufacturer’s installation and use instructions.
[7] 
Be inspected by a Town of Henrietta approved third-party electrical inspection agency.
[8] 
Comply with all signage regulations as required by the New York Uniform Fire Prevention and Building Code.
[9] 
Have at least one additional sign posted at an approved pedestrian entrance to the home.
E. 
Consolidated permits. When more than one permit is required for the same property or premises, a single permit may be issued listing all materials or operations covered. Revocation of a portion or portions of such consolidated permit, for specific hazardous materials or operations, shall not invalidate the remainder.
F. 
Location of permits. Permits shall be kept on the property or premises covered by the permit.
G. 
Revocation of permits. Permits may be suspended or revoked when it is determined that there is a violation of a condition under which the permit was issued or that there has been misrepresentation or falsification of material facts in connection with the permit application or a condition of the permit.
A. 
The Fire Marshal shall conduct periodic inspections for all buildings and premises, except the interiors of single-family dwellings, for compliance with the provisions of the Uniform Code and this chapter. Such inspections may be made at any reasonable time.
B. 
If entrance to make an inspection is refused or cannot be obtained, the Fire Marshal may apply for a warrant to make an inspection to any court of competent jurisdiction.
C. 
Appearance tickets. The Fire Marshal shall have the authority, pursuant to Article 150 of the Criminal Procedure Law, to issue an appearance ticket subscribed by him, directing a designated person to appear in a designated local criminal court at a designated future time in connection with the alleged commission of a designated violation of this code or any order made thereunder.
A person owning, operating, occupying or maintaining property or premises within the scope of the Uniform Code or this chapter shall comply with all the provisions of the Uniform Code, this chapter and all orders, notices, rules, regulations or determinations issued in connection therewith.[1]
[1]
Editor's Note: Original § 119-8, Notice of violation, of the 2001 Code, which immediately followed this section, was repealed 2-18-2015 by L.L. No. 1-2015.
A. 
Whenever it is found that there has been a violation of the Uniform Code, this chapter or any rule or regulation adopted pursuant to this chapter, a violation order or appearance ticket may be issued to the person, individual, partnership or corporation owning, operating or maintaining the premises in which such violation has been noted.
B. 
Violation orders shall be in writing, shall identify the property or premises, shall specify the violation or remedial action to be taken and shall provide a reasonable time limit for compliance with said violation notice.
C. 
Violation orders and other orders or notices referred to in this chapter shall be served upon the owner or the owner's executors, legal representatives, agents, lessees, any tenant or other person occupying or controlling the premises or other person having a vested or contingent interest in the premises, either personally or by certified mail, addressed to the last known address, if any, of the owner or of the owner's executors, legal representatives, agents, lessees or any other person having a vested or contingent interest in the same.
[Amended 2-15-2006 by L.L. No. 1-2006]
Whenever it is found that a building or structure, or part thereof, may be an imminent danger to life and safety as a result of a fire, explosion, structural instability or other hazardous situation, the Fire Marshal/Building Inspector may require the occupants of any such building or structure, or any part thereof, to vacate the premises forthwith. No person shall use or occupy such building or structure, or part thereof, until it is made safe. Except for the owner, no person shall enter premises which have been ordered vacated unless authorized to perform inspections, repairs or to demolish and remove such building or structure, or part thereof.
A. 
Failure to comply with any provision of the Uniform Code, this chapter, rules or regulations adopted pursuant to this chapter or a violation order shall be deemed a violation and the violator shall be liable to a fine not to exceed $1,000, imprisonment not to exceed one year, or both, and each day such violation continues shall constitute a separate violation.
[Amended 2-18-2015 by L.L. No. 1-2015]
B. 
An action or proceeding in the name of the Town of Henrietta may be commenced in any court of competent jurisdiction to compel compliance with or restrain by injunction the violation of any provision of the Uniform Code, this chapter, any rule or regulation adopted pursuant to this chapter, a violation order or a directive of the Fire Marshal to vacate the occupancy or building in the case of imminent danger to life or property. Such remedy shall be in addition to penalties otherwise prescribed by law.
A. 
No person shall park, stand or stop a vehicle in a designated fire lane, except to avoid conflict with other traffic or pedestrians or in obedience to direction of a peace officer or stop sign, nor shall any person, in any manner, obstruct any fire lane or other means of access to a building or premises or otherwise obstruct a source of water or other service necessary for fire-fighting purposes.
B. 
Whenever the Fire Marshal, duly authorized assistant, peace officer or law enforcement officer discovers any vehicle or other obstruction standing, parked or left in a fire lane or within 15 feet of a fire hydrant or creating an obstruction to a source of water or other service necessary to fire-fighting purposes in such a way that it may constitute a distinct hazard to life or public safety or interfere with fire-fighting activities, said vehicle will be ticketed for a parking violation and/or removed, towed away and stored. Any such removal, towing and storage as herein provided may be performed by a private towing contractor, and any and all expenses related thereto shall be at the full responsibility of the owner or person entitled to possession of said vehicle or obstructing object.
Whereas the New York State Uniform Fire Prevention and Building Code makes reference to various subjects dealing with fire protection and for fire prevention practices and provides only general procedures for administering said code, it is hereby deemed necessary and appropriate to set forth additional administrative and enforcement procedures for the Town of Henrietta to enable the Fire Marshal to effectively enforce the provisions of this chapter. The specific areas of fire protection and/or fire prevention which are the subject of these additional administrative provisions are set forth herein and each subject is referenced to the applicable section of the Uniform Code where such subject is addressed.
A. 
Fire lanes.
(1) 
All premises and buildings in the Town of Henrietta which, in the discretion of the Fire Marshal, are not accessible from the public roads shall be provided with suitable access roads and fire lanes so that all buildings on the premises are accessible. The location, size, layout and nature of said access roads and fire lanes shall be subject to the approval of the Fire Marshal. In those areas where new construction is being undertaken, suitable roads shall be constructed and maintained so as to provide access to the Fire Department and other emergency vehicles prior to the commencement of any aboveground construction.
(2) 
Fire lanes for shopping centers, office buildings, places of assembly and other commercial/industrial buildings shall be a minimum of 30 feet in width, and 25 feet in width in multiple-residence districts. In the event of a conflict, the location and width of such fire lane shall be determined by the Fire Marshal so as to provide reasonable access to the building for emergency vehicles. Fire lanes shall be of such construction as determined by the Fire Marshal and shall be located so as to be accessible to the nearest public road or highway.
(3) 
Fire lanes shall be clearly designated by suitable approved pole- or building-mounted signs to be provided by the owners or occupants of the premises. Failure to replace or repair damaged, rusted or faded signs within 30 days after written notice shall have been served upon the owner or occupant shall constitute a violation of this chapter.
(4) 
The signs required to be posted by this chapter shall conform to the size and color requirements for parking signs as set forth in the Manual of Uniform Traffic Control Devices of the New York State Department of Transportation. In addition, said signs shall also:
(a) 
Have arrows pointing in the direction of the area designated as a fire lane.
(b) 
Be posted not more than 50 feet apart.
(c) 
Be neither of a portable or movable type, except where otherwise directed by the Fire Marshal.
B. 
Fire protection equipment, water supply.
(1) 
The Fire Marshal and Fire Chief shall review all plans submitted to the Town of Henrietta for subdivisions, multiple residences, commercial and industrial areas, schools and churches. Such approvals shall be in line with the following standards:
(a) 
The Department of the Fire Marshal/Building Inspector or other appropriate officer is to furnish the Fire Marshal with maps or plans showing street and water main locations, together with other site information.
[Amended 2-15-2006 by L.L. No. 1-2006]
(b) 
The Fire Marshal will be allowed 30 days for review of plans. The Fire Marshal's and Fire Chief's comments shall be plainly shown on the plans and signed by them. One complete copy of the plans shall be returned to the Fire Marshal upon final approval.
(c) 
The foregoing recommendations shall be forwarded to the appropriate governing agency for final approval in conformance with the laws as in such cases are made and provided.
(d) 
The Fire Marshal and Fire Chief will be allowed 30 days to review building plans for changes or alterations in commercial or industrial buildings where no Planning Board or Town Board review is required and to make stipulations within the guidelines set forth in the Fire Prevention Code of the Town of Henrietta.
(2) 
Residential districts.
(a) 
Hydrants shall not exceed a maximum of 500 feet apart on each street in either direction and shall be located at intersections whenever possible.
(b) 
Hydrants must be installed and flow-tested before aboveground construction is commenced. Flow tests shall comply with the specifications of the Insurance Services Office of New York to produce an A-rating.
(c) 
Temporary exceptions may be made during construction by the Fire Marshal.
(3) 
Multiple-residence, commercial and industrial districts.
(a) 
Hydrants shall not exceed a maximum of 300 feet apart and shall be so located that all buildings can be reached by comparatively short hose lays from more than one hydrant.
(b) 
Hydrants must be installed and flow-tested before aboveground construction is commenced. Flow tests shall comply with the specifications of the Insurance Services Office to produce an A-rating.
(c) 
No aboveground construction is to commence until an approved roadway base capable of carrying the weight of fire apparatus is installed.
(d) 
Temporary exceptions may be made by the Fire Marshal.
(4) 
Fire hydrants.
(a) 
The location of public or private hydrants shall not exceed the maximum distances established by the Fire Marshal. Hydrants located in subdivisions and other residential areas shall be located at intersections whenever possible.
(b) 
In areas where new construction is being undertaken and public or private water mains and hydrants do not exist, water mains and hydrants shall be installed and be in proper operating condition prior to the commencement of any aboveground construction. Upon written application and for good cause shown, the Fire Marshal may grant temporary exceptions to this requirement, the length and extent of said temporary exception being subject to the sole discretion of the Fire Marshal. In the event that the terms and conditions of said permission are not complied with, the Fire Marshal, in his sole discretion, may revoke said permission.
(c) 
No person shall cause any obstruction to be placed within 15 feet of any public or private fire hydrant, except in the event of emergency situation with the approval of the Fire Marshal. No person, except those officially authorized to do so, shall intentionally cause snow to be placed around any public or private hydrant so as to unreasonably interfere with its use.
(d) 
Privately owned water mains and fire hydrants on property devoted to public use, including but not limited to multiple-dwelling complexes, churches, commercial buildings, schools, places of assembly and shopping centers, shall be regularly maintained and annually serviced by the owner or person generally in charge of the subject premises. Such maintenance and annual servicing shall be conducted in accordance with generally accepted standards, and records of such annual maintenance shall be kept on the premises so that the same is available for examination.
(e) 
In addition to such other penalties as may be provided for herein, should the hydrant maintenance and servicing provided for in this chapter not be carried out as required herein, the Town of Henrietta or its duly authorized agents or employees may cause said maintenance and servicing to be carried out at the expense of the owner of the subject premises. All costs and expenses incurred by the Town of Henrietta in connection therewith shall be assessed against the land on which said water mains and hydrants are located as set forth in this chapter, provided that written notice shall have been given to the owner of the premises as set forth herein. The notice shall contain the following:
[1] 
A description of the premises.
[2] 
A statement that the annual servicing or maintenance as required by this chapter has not been performed.
[3] 
An order requiring that said servicing or maintenance be completed by a certain time and date, which date shall be not less than three working days from the date of service of the notice.
(5) 
Standpipe systems.
(a) 
Hoses shall be inspected once a year and so noted. Valves, other than hose stations, shall be secured in the open position by means of a chain and lock.
(b) 
Fire Department connections for standpipe and sprinkler systems are to be maintained accessible at all times. No large shrubbery, fences or barriers of any type shall be placed within 10 feet of connections. This shall also apply to snow removal and plowing.
C. 
Fire alarm systems.
(1) 
Fire alarm systems shall be approved by the Fire Marshal prior to installation.
(2) 
All fire alarm systems shall be tested at least monthly and records of such testing shall be maintained on the premises and be available for inspection.
(3) 
All fire alarm systems shall be inspected annually by qualified service personnel, and records of such inspections shall be maintained on the premises and available for inspection.
(4) 
No persons, except authorized personnel, shall fail to leave or vacate premises in which a fire alarm has activated or when there has been reported to be a fire or possible fire. No person shall reoccupy said premises until it is deemed safe by the appropriate fire or code enforcement official.
D. 
Commercial ovens. All new and existing equipment, when altered or changed, shall be approved by the Fire Marshal.
E. 
Storage and handling of hazardous liquids.
(1) 
General.
(a) 
Portable containers for motor vehicle fuel shall be clearly marked with the name of the product contained. This marking shall have been applied to such container by the manufacturer of the same.
(b) 
Underground storage tanks containing gasoline, oil or other liquid that generates a flammable vapor at normal temperature and having a maximum individual capacity of up to 12,000 gallons may be installed. The maximum aggregate capacity at any site shall not exceed 24,000 gallons in total capacity.
[Amended 2-18-2015 by L.L. No. 1-2015]
(c) 
The Fire Marshal or his designated representative is further authorized to order the owner or occupants of premises having hazardous liquid storage tanks located thereon to have such tanks tested by methods prescribed by the Fire Marshal to determine if such tanks are leaking, if the Fire Marshal has reasonable belief that such tanks may contain a leak.
(d) 
Aboveground storage tanks for flammable and combustible liquids shall be prohibited, except as permitted by Subsection E(1)(o) of this chapter.
[Amended 11-6-1991]
(e) 
Underground storage tanks containing Class 1 liquids shall be prohibited in residential districts.
(f) 
Installation or alteration permit. No installation, alteration or replacement of underground or aboveground tanks, pumps, piping and other equipment relating to the storage of hazardous liquids shall be commenced without first obtaining a permit therefor from the Fire Marshal.
(g) 
Noncompliance with the requirements of this chapter shall be sufficient cause for the suspension or revocation by the Fire Marshal of any permit issued hereunder in this chapter.
(h) 
Leaking tanks, pumps or piping shall be repaired or replaced immediately, and it shall be within the discretion of the Fire Marshal as to whether the station or facility must cease any and/or all operations while repairs or replacement are being made.
(i) 
There is to be no more than one gasoline tank truck delivering flammable liquids on the premises of a gasoline service facility at any one time. Before making any deliveries to underground tanks, the driver or other authorized person shall set the brakes of the truck and shall turn off the engine of the vehicle. Evertite or OPW fill couplings, or the equivalent, must be used when unloading flammable liquids from tank truck to storage tank. The driver shall remain at the point of delivery to prevent spillage and overflow. In case of spillage or overflow, the Henrietta Fire District and the Town Fire Marshal shall be notified immediately.
(j) 
In the event of accidental spillage or leakage of a flammable liquid in quantities of five United States gallons or greater, whether or not it may enter sewers, the Fire Department and Fire Marshal shall be notified immediately.
(k) 
A sufficient quantity of stay-dry absorbent must be kept on the premises at all times for flammable liquid spills and should be used for this purpose whenever possible, instead of flushing with water.
(l) 
The telephone number of the owner, lessee or station operator shall be posted on the door in a conspicuous location so that proper identification can be made in the event of an emergency.
(m) 
All tanks containing flammable liquids must be tested weekly for water infiltration, and records shall be kept on the premises showing the date, hour and results of such tests. When any test shows water present in the flammable liquid, the Fire Marshal shall be immediately notified. Such water may not be removed until after notification of the Fire Marshal.
(n) 
Accurate daily inventory records shall be maintained and reconciled on all Class 1 liquids and diesel fuel storage tanks for indication of possible leakage from tanks or piping. The records shall be kept at the premises, available for inspection by the Fire Marshal, and shall include, as a minimum, records showing, by product, daily reconciliation between sales, use, receipts and inventory on hand. If there is more than one tank system for any one product, the reconciliation shall be maintained separately from each tank system.
(o) 
Dispensing restrictions.
[Added 11-6-1991]
[1] 
The provisions of this subsection shall not prohibit the dispensing of Class 1 and Class 2 liquids in the open from a fuel-dispensing system supplied by an aboveground tank, not to exceed 2,000 gallons, located at commercial, industrial, governmental or manufacturing establishments and intended for fueling vehicles used in connection with their business. Such dispensing may be permitted, provided that:
[a] 
An inspection of the premises and operations has been made and approval granted by the Fire Marshal.
[b] 
The tank is safeguarded against collision, spillage and overfill to the satisfaction of the Fire Marshal.
[c] 
The tank system is listed or approved for such aboveground use by the Fire Marshal.
[d] 
The tank complies with requirements for emergency relief venting and the tank and dispensing system meet the electrical classification requirements of the National Electrical Code.
[2] 
Aboveground storage tanks.
[a] 
Aboveground storage tanks may be installed upon the approval of the Fire Marshal and as provided for in this subsection.
[b] 
Except as modified by the provisions of this subsection, aboveground storage tanks and their piping systems shall comply with the applicable provisions of Chapters 2 and 3 of NFPA 30, Flammable and Combustible Liquids Code.
[c] 
Only aboveground storage tanks shall be used. Tanks designed and built for underground use shall not be installed for aboveground use. All aboveground storage tanks shall be enclosed in a vault which is in compliance with Subsection E(1)(o)[4] of this section.
[3] 
Tank location and capacity.
[a] 
Tanks storing Class 1 and 2 liquids at an individual site shall be limited to a maximum individual capacity of 2,000 gallons and an aggregate capacity of 4,000 gallons.
[b] 
Tanks shall be located at least:
[i] 
Twenty-five feet from the nearest important building on the same property.
[ii] 
Twenty-five feet from any fuel dispenser.
[iii] 
Twenty-five feet from the nearest side of a public way.
[iv] 
One hundred feet from any property line that is or can be built upon, including the opposite side of a public way.
[c] 
Tanks shall not be permitted on property occupied as a one- or two-family dwelling.
[4] 
Vaults.
[a] 
Definition. "Vault" shall be defined as an enclosure, either above or below grade, that contains an aboveground storage tank and meets the requirements of Subsection E(1)(o)[4][b][i] and [ii].
[b] 
Requirements.
[i] 
The vault shall completely enclose each tank. There shall be no openings in the vault enclosure except those necessary for access to, inspection of and filling, emptying and venting of the tank. The walls and floor of the vault shall be constructed of reinforced concrete at least six inches (15 centimeters) thick. The top shall be constructed of noncombustible material. The top and floor of the vault and the tank foundation shall be designed to withstand the anticipated loading. The walls and floor of any vault installed below grade shall be designed to withstand anticipated soil and hydrostatic loading. The vault shall be substantially liquid-tight, and there shall be no backfill around the tank.
[ii] 
Each vault and its tank shall be suitably anchored to withstand uplifting by groundwater or flooding, including when the tank is empty.
[iii] 
The vault shall be designed to be wind and earthquake resistant, in accordance with good engineering practice. The vault shall be resistant to damage from the impact of a motor vehicle, or suitable collision barriers shall be provided.
[iv] 
Each tank shall be in its own vault. Adjacent vaults may share a common wall.
[v] 
Connections shall be provided to permit ventilation of each vault to dilute, disperse and remove vapors prior to entering the vault.
[5] 
Tank-filling operations.
[a] 
Delivery operations shall comply with applicable requirements of NFPA 385, Standard for Tank Vehicles for Flammable and Combustible Liquids.
[b] 
The delivery vehicle shall be separated from any aboveground tank by at least 25 feet.
[c] 
Tank filling shall not begin until the delivery operator has determined tank ullage (available capacity).
[d] 
If the delivery hose is connected directly to the tank, the fill line at the tank shall be equipped with a tight-fill device for connecting the hose to the tank to prevent or contain any spill at the fill opening during delivery operations. (Exception: A tank that has a capacity that does not exceed 1,000 gallons need not meet this requirement.)
(2) 
Dispensing of motor vehicle fuel.
(a) 
Each service station open to the public shall have an attendant or supervisor on duty whenever the station is open for business.
(b) 
Dispension devices for Class 1 or 2 flammable liquids shall be of the type approved by the Fire Marshal.
(c) 
Dispensing of Class 1 or 2 flammable liquids by persons other than the service attendant or supervisor shall be prohibited, except at the self-service island.
(d) 
All dispensing units shall be equipped with the following:
[1] 
A control device which will permit the pump to operate only when the dispensing nozzle is removed from its bracket on the dispensing unit and switch for this dispensing unit is manually activated. Said control device shall also stop the pump when the nozzle has been returned to its bracket.
[2] 
A means of being kept locked or otherwise inoperable when the station is not open for business.
(3) 
Service stations, in addition to the requirements set forth herein for the storage and handling of motor vehicle fuel, shall also be subject to the following:
(a) 
At the time of the application for a permit, the applicant shall submit a full site plan or instrument survey of the property, showing all tank locations, island setbacks and such other and further information that may be necessary to determine compliance with the provisions of this chapter.
(b) 
Fuel dispensing pumps and nozzles shall be confirmed to service islands with no more than three dispensing units per island, each of which dispensing unit shall utilize no more than two hoses and nozzles per unit. Approved dispensing devices, such as but not limited to coin-operated, card-operated and remote-preset types, shall be permitted, provided that the dispensing of liquids is under the direct supervision of a qualified attendant whose duties and qualifications are set forth in the standards and guidelines established by the Fire Marshal.
(4) 
Self-service fuel dispensing stations, in addition to the requirements required by this chapter and the Uniform Code, shall also be subject to the following:
(a) 
The area where said liquids are actually dispensed shall be equipped with all of the following:
[1] 
A traffic mirror, of sufficient size, located on each end of each pump island to give the attendant a clear and unobstructed view of each island, said mirrors to be installed in locations acceptable to the Fire Marshal.
[2] 
A two-way communications system of the public-address type to facilitate direct and individual communication between the control room area and each pump island at all times that Class 1 liquids are being dispensed.
(b) 
Self-service gasoline station attendants shall be at least 18 years of age, properly trained and physically fit to act in an emergency. Trainees enrolled in a school training program who are at least 16 years of age need not meet the basic age requirement.
F. 
Hazardous chemicals, general requirements.
(1) 
The transportation of hazardous chemicals and other dangerous articles by motor vehicles shall comply with Department of Transportation regulations.
(2) 
Shipments whose origin and destination are outside the Town of Henrietta are confined to the use of state highways.
(3) 
Shipments of an intratown nature, either originating in or destined to a Henrietta location, shall follow a route to be designated by the Fire Marshal.
G. 
Explosives and blasting agents.
(1) 
The storage of explosives and blasting agents is to be prohibited.
(2) 
Establishment of motor vehicle routes for vehicles transporting explosives and blasting agents:
(a) 
Shipments whose origin and destination are outside the Town of Henrietta are confined to the use of state highways.
(b) 
Shipments of an intratown nature, either originating in or destined to a Henrietta location shall follow a route designated by the Fire Marshal.
H. 
Fire extinguisher and fixed fire suppression systems.
[Added 3-20-2002 by L.L. No. 3-2002]
(1) 
License required. No person shall engage in or conduct the trade within the Town of Henrietta without first having obtained a license therefor issued by the Fire Marshal, and without having first obtained and filed with the Fire Marshal an insurance certificate, showing coverages as may be determined by the Fire Marshal, consistent with the provisions of § 119-13H(3). The Fire Marshal may issue a license to engage in the trade which has also been issued by the City of Rochester or where the applicant is holding any other license to engage in the trade issued by another jurisdiction which the Fire Marshal determines has requirements for its issuance that are substantially similar to the licensing requirements of the City of Rochester.
(2) 
Licensing of corporation or limited liability companies. A corporation or limited liability company may conduct one or more of the trade within the Town of Henrietta and shall be entitled to a license therefor, provided that one or more employees of such entity is the holder of a license duly granted as provided in this chapter. No person shall perform the trade on the behalf of such entity unless he or she is licensed hereunder.
(3) 
Insurance certificate. An insurance certificate showing coverages set by resolution of the Town Board and filed in the Department of the Fire Marshal/Building Inspector shall be filed by every person or entity engaged in the trade within the Town of Henrietta. Such insurance certificate shall name the Town of Henrietta as an additional insured. Such insurance policy shall be renewed from year to year so long as the licensee engages in the trade within the Town of Henrietta.
[Amended 2-15-2006 by L.L. No. 1-2006]
(4) 
Revocation of license. The Town Board may revoke any license issued under the authority of this chapter, provided that before such revocation a public hearing shall be held before the Town Board, upon at least 10 days' written notice from the Fire Marshal by first-class mail to the licensee, and that following such public hearing the Town Board determines that such licensee is not qualified to properly conduct the trade, or that the licensee's jurisdiction has been revoked or is otherwise no longer in effect, or that the licensee has violated the provisions of this chapter.
(5) 
Penalties for offenses. Persons convicted of violating any provision of this chapter shall be subject to the penalties contained in § 119-9, Town of Henrietta Fire Prevention Code. Each day a violation continues shall constitute a separate offense hereunder.
A. 
Compliance required. Requirements for new construction and existing construction shall comply with Subsections B through G of this section.
B. 
Notice of construction, enlargement, development, improvement or conversion required. No person shall construct or enlarge for occupancy or use a temporary residence or any portion or facility thereof or develop or improve a property for occupancy and use as a temporary residence without giving written notice and filing plans as required with the Department of the Fire Marshal/Building Inspector at least 30 days before construction, conversion, development or enlargement is to begin.
[Amended 2-15-2006 by L.L. No. 1-2006]
C. 
Fire alarm systems. All temporary residences shall have a fire alarm system which meets the requirements of this section.
(1) 
Temporary residences containing not more than 12 dwelling units.
(a) 
Fire and smoke detection. Smoke detection devices shall be installed in all common corridors and stairways. Smoke detection devices shall be installed in each dwelling unit with a minimum of one detector for each habitable level of the dwelling unit. Installation shall comply with Standard 72E of the National Fire Protection Association.
(b) 
Heat-detection devices. Heat-detection devices shall be installed in all basement levels that are used for storage, laundry facilities, etc., or where furnace equipment is located.
(c) 
Installation shall comply with Standard 72E of the National Fire Protection Association. Alerting devices shall be located so that the alarm is noticeable in all parts of the building.
(d) 
Battery power is permitted if the detection device is equipped with an audible alarm to indicate low voltage in the battery.
(2) 
Temporary residences containing more than 12 dwelling units.
(a) 
General requirements.
[1] 
The system shall be designed, installed and maintained in such manner as to provide adequate warning to all occupants in case of fire.
[2] 
The component parts of the system shall be designed, made and assembled for fire alarm purposes.
[3] 
The system shall be under constant electrical monitoring so that failure of the main power supply or the presence of an open or grounded circuit which prevents the normal operation of the system will be instantly and audibly indicated. Where such electrical monitoring is impracticable for certain types of alerting devices, such as vibrating bells, such alerting devices shall be connected alternately on separate circuits with a balanced distribution throughout the building. Activation of any alarm signal will automatically transmit a signal to a central station for notification of the Fire Department.
(b) 
Manual fire alarm boxes. Fire alarm systems shall:
[1] 
Have manually operated fire alarm signaling devices, be mounted in durable boxes and be designed to transmit an alarm signal to alerting devices on the premises.
[2] 
Be located in a public hall or passageway in the natural path of escape from fire and be accessible on every story without the necessity of first passing through a fire door.
[3] 
Be located within 200 horizontal feet of any room or any point on a story not divided into rooms.
[4] 
Be ready to operate at all times when activated.
[5] 
Be readily identifiable as such and have a conspicuous exterior color and label.
[6] 
Be designed and used only for fire protection purposes.
(c) 
Alerting devices. Fire alarm systems shall:
[1] 
Be provided with devices designed to sound a clear, audible alarm signal that is distinct from all signals made by other sounding devices used in the vicinity. All fire alarm sounding devices within a building shall be of the same type.
[2] 
Have sounding devices so located that the alarm is audible in all parts of the building.
[3] 
Where deemed necessary by the Fire Marshal fire alarms shall also have visual signals as alerting devices; such devices shall conform to generally accepted standards.
(d) 
Electrical requirements. Fire alarm systems shall:
[1] 
Be supplied with electrical energy from both a main source and from an auxiliary source, such as a battery supply or generator. If a generator is used as an auxiliary source, automatic transfer shall occur within 15 seconds of main power interruption.
[2] 
Have circuits for the transmission of alarms used only for fire protection or other emergency purposes.
[3] 
Have all wiring and equipment installed in accordance with Article 760, Fire Protective Signaling Devices, National Electrical Code, NFPA No. 70.
(e) 
Operation.
[1] 
The trouble signal of the alarm system shall be tested daily, and records of such testing shall be maintained on the premises.
[2] 
Any failure of the alarm system shall be corrected immediately.
(f) 
Fire and smoke detection devices.
[1] 
Smoke detection devices shall be installed in accordance with Subsection C(1)(a) of this section. Battery power is permitted for smoke detectors in individual dwelling units.
[2] 
Heat detection devices shall be installed in all storage rooms, furnace rooms and utility rooms.
D. 
Smoke stops. Corridors exceeding 100 feet in length must be provided with smoke barrier doors or smoke stops. They may be maintained in an open position if equipped with means for both manual and automatic release. For automatic release, smoke detection shall be provided an both sides of the smoke stop door. Release of the magnetic holds shall be activated by the smoke detectors, interruption of electrical power or activation of other automatic fire protection equipment. Activation of the alarm system shall close all smoke doors in the building.
E. 
Emergency lighting. All temporary residences shall have adequate emergency lighting in all exitways. All buildings containing one or more places of assembly shall be equipped with adequate emergency lighting in all exitways. In addition, all places of assembly space shall have adequate emergency lighting therein. Emergency lighting is not required where all guest dwelling units have a direct exit to the outside at ground level and there are no interior stairways or corridors.
F. 
Emergency ventilation.
(1) 
Buildings 70 feet or less in height without fixed or openable windows or without ventilating openings in exterior walls shall be provided with emergency ventilation designed and installed to exhaust smoke and heat to the exterior from exits, in the event of fire, and to operate without recirculation of air.
(2) 
Buildings more than 70 feet in height shall be provided with natural or mechanical means for exhausting smoke and heat from each story. Such mechanical means shall be the building's recirculated air system, designed and installed to exhaust to the exterior without recirculation or an independent, automatic smoke-removal system.
G. 
Exit stairway unlocking system. Exit stairway doors which are locked against entry to floors from stairways shall be provided with an emergency unlocking system activated automatically by interruption of electrical power or by activation of the fire alarm system. Such system shall be electrically supervised.[1]
[1]
Editor's Note: Former Subsection H, Schedule for compliance, which immediately followed this subsection, was repealed 2-18-2015 by L.L. No. 1-2015.
The provisions of the Uniform Code and this chapter relating to maintenance, housekeeping and behavior so as to protect life and property against the hazards of fire, explosion and the release of toxic gases or materials arising from the storage, handling or use of combustible, flammable or hazardous substances, materials or devices shall apply equally to new and existing buildings and conditions.
The Fire Marshal shall have the authority to permit the continuance of preexisting conditions not in strict compliance with the terms of this chapter where the exceptions do not constitute a distinct hazard to life and/or property.
[Amended 2-15-2006 by L.L. No. 1-2006; 2-18-2015 by L.L. No. 1-2015]
A. 
An owner or his agent may apply for a variance with respect to any provision of this chapter to the Henrietta Zoning Board of Appeals, pursuant to that Board's procedures.
B. 
An owner or his agent may apply to a New York regional board of review in order to seek for a variance or modification with respect to any provision of the New York State Uniform Fire Prevention and Building Code, pursuant to the procedures and fees promulgated by the New York Department of State.
C. 
The procedures set forth herein for appeals shall not prohibit the Fire Marshal from immediately removing a hazard or ordering the immediate closing of a building or premises until a violation of this chapter or the Uniform Code has been corrected, when such hazard or existence of such violation constitutes, in the opinion of the Fire Marshal, a distinct hazard to life and property or public safety.