[HISTORY: Adopted by the Town Board of the
Town of Henrietta 9-19-1984. Amendments noted where applicable.]
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.
APPEARANCE TICKET
DWELLING UNIT
FIRE MARSHAL
TEMPORARY RESIDENCE
(1)
(2)
TRADE
VIOLATION ORDER
As used in this chapter, the following terms shall
have the meanings indicated:
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.
One or more rooms with provisions for living, sleeping or
cooking arranged for the use of one or more persons.
As used in this chapter, the Fire Marshal, Deputy Fire Marshals
and any Fire Inspector who is employed by the Town of Henrietta.
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.
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.
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]
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.
The person designated by the Town Board as the Fire Marshal, and/or
their designee shall be charged with the enforcement and administration
of this chapter. At the direction of the Director, the Building Inspector
or designee, or any other Code Enforcement Officer in the Department
of Building and Fire Prevention who is duly certified, shall also
have the authority to administer and enforce this chapter. All references
herein to Fire Marshal shall also include the Building Inspector.
[Amended 2-15-2006 by L.L. No. 1-2006; 6-26-2019 by L.L. No. 5-2019]
B.
The Fire Marshal shall report to the Director of Building and Fire
Prevention, except in the instance when the Town Board designates
the Director to also hold the Fire Marshal responsibilities, in which
case, they are one and the same person. The term "Fire Marshal" in
this chapter shall include the Fire Marshal, the Acting Fire Marshal,
or a Deputy Fire Marshal(s).
[Amended 2-15-2006 by L.L. No. 1-2006; 6-26-2019 by L.L. No. 5-2019]
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:
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):
(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.
(10)
Cryogenics: to store, handle or use cryogenic fluids,
except cryogenics used as a motor fuel and stored in motor vehicle
tanks, as follows:
(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.
(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.
(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.
(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]
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; 6-26-2019 by L.L. No. 5-2019]
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 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 this chapter,
including the rules and regulations adopted and implemented pursuant
to this chapter, inclusive of the Uniform Code, and including failure
to comply with a permit, order or certificate issued hereunder/thereunder,
shall constitute a violation, and, upon conviction thereof, shall
be subject to a fine not to exceed $1,000. Each day's continued violation
shall constitute a separate additional violation.
[Amended 2-18-2015 by L.L. No. 1-2015; 9-27-2023 by L.L. No. 9-2023]
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.
C.
Remedies
not exclusive. No remedy or penalty set forth herein shall be the
exclusive remedy available, and each remedy or penalty set forth herein
shall be in addition to other remedies which may be available to the
Town, including, in particular, but not limited to, any penalties
available under NY State Law.
[Added 9-27-2023 by L.L. No. 9-2023]
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:
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 Building and Fire Prevention or other appropriate
office 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; 6-26-2019 by L.L. No. 5-2019]
(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.
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
Building and Fire Prevention 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; 6-26-2019 by L.L. No. 5-2019]
(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.
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 Building and Fire Prevention at least 30 days
before construction, conversion, development or enlargement is to
begin.
[Amended 2-15-2006 by L.L. No. 1-2006; 6-26-2019 by L.L. No. 5-2019]
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.
(f)
Fire and smoke detection devices.
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.
