[Adopted 3-18-1981 by L.L. No. 2-1981; amended in its entirety 1-20-1999 by L.L. No. 2-1999]
It is the established policy of the Town of Harrison to provide its citizenry with fire protection. In furtherance of this policy, the Town Board of the Town of Harrison deems it necessary to establish guidelines for the installation, performance and maintenance of early warning smoke/fire detection systems in all buildings in the Town of Harrison as hereinafter provided by this article. It is the intent of this article to safeguard the public health, safety and welfare by ensuring timely warning to all occupants in buildings covered herein in the event of fire.
The purpose of this article is to provide basic minimum requirements for the installation, performance and maintenance of automatic smoke-detection systems in order to provide basic coverage of buildings in the Town of Harrison as hereinafter provided by this article.
This article covers only the minimum requirements related to the installation, operation and maintenance of automatic smoke-detection devices and systems for the early warning of occupants, buildings or objects to be protected, in accordance with the stated purpose and intent.
For the purpose of this article, certain words and terms used herein are defined as follows:
AREAS NOT NORMALLY OCCUPIED BY THE PUBLIC
Space not normally used, intended or designed to be used in a building or structure by the public, which includes, without limitation, fire-rated hallways and corridors, space within the suspended ceilings of fire-rated hallways and corridors, storerooms, mechanical spaces, elevator shafts, dumb-waiter shafts and chutes.
AUTHORITY
Town of Harrison, New York.
AUTOMATIC SMOKE DETECTOR
A device designed to detect the presence of visible and invisible particles of combustion relating to a fire, which will automatically initiate an alarm. "Automatic smoke detectors" can be classified and include the following:
A. 
FIRE/GAS DETECTOR — A device which detects gas produced by fire.
B. 
FLAME DETECTOR — A device which detects the infrared, ultraviolet or visible radiation produced by fire.
C. 
HEAT DETECTOR — A device which detects an abnormally high temperature or rate of temperature rise.
D. 
SMOKE DETECTOR — A device which detects visible or invisible particles of combustion.
AUTOMATIC SMOKE/FIRE (ALARM SYSTEMS) SYSTEM
An approved installation of equipment which automatically activates a smoke or fire alarm when the detecting element is exposed to fire, smoke or an abnormal rise in temperature.
BUSINESS OCCUPANCY
Buildings in which the primary or intended occupancy or use is the transaction of administrative, business, civic or professional service, and where the handling of goods, wares or merchandise, in limited quantities, is incidental to the primary occupancy of the use. "Business occupancies" include, among others, banks, barbershops, beauty parlors, city halls, courthouses, dentists' offices, doctors' offices, general offices, lawyers' offices, municipal buildings, radio stations, telephone exchanges and television stations.
CONTRACTOR
Either a licensed electrician or a fire-protection-system contractor approved by the enforcing authority, having at least three years' experience in the installation and maintenance of fire-detection systems.
EDUCATIONAL OCCUPANCY
Buildings in which the primary or intended occupancy or use is for the gathering of six or more people for the purpose of learning or receiving educational instruction. "Educational occupancies" include, among others, schools, universities, colleges, academies, nursery schools, primary schools, secondary schools, children's day-care centers and homes, and libraries.
ENFORCEMENT AUTHORITY
The Bureau of Fire Prevention of the Town of Harrison and its duly authorized representative(s) or assistant(s).
FIRE
A phenomenon which occurs when a substance, upon reaching a critical temperature, reacts chemically with oxygen to produce heat, flame, light, smoke, water vapor, carbon monoxide, carbon dioxide and other products and effects.
INDIVIDUAL DWELLING UNIT
One or more rooms with complete provisions for cooking, living, sanitary and sleeping facilities arranged for the occupancy of one family.
INDUSTRIAL OCCUPANCY
Buildings in which the primary or intended occupancy or use is the manufacturing or processing of products of all kinds, including operations such as making, altering, assembling, bottling, canning, finishing, handling, mixing, packaging, repairing, cleaning, laundering and similar operations. "Industrial occupancies" include, among others, factories of all kinds, laboratories, dry-cleaning plants, power plants, service stations, laundries and printing plants.
INSTITUTIONAL OCCUPANCY
Buildings in which the primary or intended occupancy or use is for persons domiciled or detained under supervision. "Institutional occupancies" include, among others, health-care facilities, hospitals, nursing homes, residential-custodial care, nurseries, homes for the aged, mentally retarded institutions and penal institutions.
MERCANTILE OCCUPANCY
Buildings in which the primary or intended occupancy or use is the display and sale to the public of goods, wares or merchandise. "Mercantile occupancies" include, among others, stores, markets, supermarkets, department stores, drugstores, auction rooms, shopping centers, laundry and dry cleaning distribution stores, self-service laundries and self-service dry-cleaning laundries.
MIXED OCCUPANCY
Occupancy of a building in part for one use and in part for residential occupancy.
NFPA 72
The current compilation of the National Fire Protection Association's codes, standards, recommendations, practices and manuals regarding standards on automatic fire detectors at the time of the application for a smoke-detector permit.
OCCUPANCY
Use of a building, structure or premises.
OWNER
Owner of fee of the premises.
PLACES OF PUBLIC ASSEMBLY
Buildings in which the primary or intended occupancy or use is the assembly of 15 or more people for amusement, athletic, civic, dining, educational, entertainment, patriotic, political, recreational, religious, social, sports or similar purposes. "Places of public assembly" include, among others, theaters, motion-picture theaters, assembly halls, auditoriums, exhibition halls, museums, skating rinks, gymnasiums, bowling lanes, pool rooms, mortuary chapels, restaurants, churches, synagogues, dance halls, club rooms, passenger stations and terminals of air, surface and public transportation facilities, courtrooms, conference rooms and drinking establishments.
RESIDENTIAL OCCUPANCY
Buildings in which the primary or intended occupancy or use is one in which sleeping accommodations are provided for normal residential purposes; this includes all buildings designed to provide sleeping accommodations, except one- or two-family dwellings and sleeping accommodations related to health-care and penal occupancies, which are covered under institutional occupancy. "Residential occupancies" include, among others, hotels/motels, apartments, dormitories, lodgings and guest houses or rooming houses.
SHALL
Indicates a mandatory requirement.
SINGLE-STATION SMOKE-DETECTOR ALARM DEVICE
An assembly comprised of a photoelectric or ionization type of smoke detector, control equipment and audible alarm in one unit which, upon detection of smoke, activates an alarm.
STORAGE OCCUPANCY
Buildings in which the primary or intended occupancy or use is the storage of or shelter for goods, merchandise, products, vehicles or animals. "Storage occupancies" include, among others, warehouses, cold storage, freight terminals, hangars, barns and stables.
Smoke-detector systems shall be installed by March 31, 1982, to provide coverage in all buildings hereinafter designated.
A. 
Places of assembly; educational occupancy; institutional occupancy; mercantile occupancy; industrial occupancy.
(1) 
Smoke detectors shall be installed in all places of assembly, educational occupancies, institutional occupancies, mercantile occupancies and industrial occupancies covering areas not normally occupied by the public, inaccessible areas which may contain combustible material and any additional areas required by the enforcing authority.
(2) 
In places of assembly, educational occupancies, institutional occupancies, mercantile occupancies and industrial occupancies, smoke detectors shall be electrically wired to automatically sound a local alarm throughout the entire building that is audible to all occupants of the building.
B. 
Residential occupancy.
(1) 
Smoke detectors shall be installed in all residential occupancies covering areas not normally occupied by the public, inaccessible areas which may contain combustible material and any additional areas required by the enforcing authority.
(2) 
In all residential occupancies, except individual dwelling units, smoke detectors shall be electrically wired to automatically sound a local alarm throughout the entire building that is audible to all occupants of the building.
(3) 
Dwelling units. In individual dwelling units within residential occupancies as defined herein, there shall be installed one single-stage smoke detector located within or near the sleeping area, which shall meet the requirements of the current edition of the NFPA 74 Standard for Installation, Maintenance and Use of Household Fire-Warning Equipment.
C. 
Business occupancy.
(1) 
Smoke detectors shall be installed in all business occupancies covering areas not normally occupied by the public, inaccessible areas which may contain combustible material and such additional areas required by the enforcing authority.
(2) 
Electrically wired smoke-detector systems shall also be installed in business occupancies having rated office compartments of more than 5,000 square feet, and their installation shall be in accordance with the current edition of NFPA 72. In business occupancies, smoke detectors shall be electronically wired to automatically sound a local alarm throughout the entire building that is audible to all occupants.
D. 
Mixed occupancy. Where there is a mixed occupancy, smoke detectors shall be installed in all areas of nonresidential occupancy.
E. 
Storage occupancy.
(1) 
Smoke detectors are not required as part of this article in storage occupancies which are free and separate standing structures more than five feet distant in all directions from any other structure.
(2) 
Storage occupancies connected to, part of or less than five feet in any direction of a residential occupancy as defined by this article shall have smoke detectors installed in all areas of the structure, in accordance with the current edition of the NFPA 72. In this instance, smoke detectors shall be electronically wired to automatically sound a local alarm throughout the entire building, which is audible to all occupants of the building.
A. 
All smoke-detection devices shall be Underwriters' Laboratories, Inc., listed or approved for the purpose for which they are intended and shall be installed in conformity with this article.
B. 
Smoke detectors shall be installed in all areas where required by this article and as determined by the responsible authority, Town of Harrison, New York, and/or its designated employee.
C. 
In areas of occupancy which, as a matter of normal use, will create a smokey environment, such as a restaurant, approved heat detectors will be furnished in the place of smoke detectors, as recommended by the current edition of the NFPA 72 Standards on Automatic Fire Detectors, and approved by the enforcing authority.
Smoke detectors shall be the type approved for the specified purpose and location within a space, in accordance with the current edition of the NFPA 72.
A. 
All smoke-detector systems shall be designed, constructed, installed and maintained so as to detect a smoke condition in the initial stage and to automatically transmit an alarm signal within the space, as well as sounding alarm devices audible throughout the building, so as to warn all occupants in the event of a smoke and fire condition. Where the building contains a general fire alarm system, the smoke detectors shall be electrically connected to this system, so that when a smoke detector is activated, it will also serve to activate the building's general fire alarm system, thus sounding a local alarm. Automatic fire alarm systems that transmit alarms directly or by means of a relay to any firehouse or fire station within the Town of Harrison shall be designed and wired so that the alarm so transmitted shall not be activated by smoke or heat detectors but only by water flow alarms or manual pull stations on the protected premises. If smoke or heat detectors are part of such a fire alarm system, they shall operate only as local alarms wholly within the protected premises or through a certified central station.
B. 
Smoke-detector systems shall be so wired and under constant electrical supervision so that failure of the main source of power supply or an open ground, which prevents the normal operation of the system, will be instantly and audibly indicated within the building.
C. 
The installation and continued maintenance, in firehouses or fire stations within the Town of Harrison, of alarm devices activated by automatic systems shall be subject to rules and regulations that may be enacted by the Board of Fire Commissioners having jurisdiction of the firehouses or fire stations.
D. 
Compliance with the provisions of this section shall be effective September 1, 1984, and shall apply to all automatic fire alarm systems existing on that date.
E. 
Any owner or lessee having an automatic fire alarm smoke-detector system, in violation of § 148-19, on his, her or its premises and users of services or equipment furnished by a licensee under this article shall pay to the Town of Harrison a charge for each and every false alarm to which the Police or Fire Department responds, in each calendar year, as follows:
(1) 
First false alarm each calendar year: no charge.
[Amended 4-7-1999 by L.L. No. 5-1999]
(2) 
Second false alarm each calendar year: $50.
(3) 
All false alarms over two in each calendar year: $100.
A. 
Smoke detectors shall be maintained in the proper working order by the owner.
B. 
A smoke-detector system shall be tested annually by a contractor in accordance with the manufacturer's instructions, and certification of such test shall be filed by the contractor with the authority.
A. 
No person, firm or corporation shall install, alter, modify or maintain a smoke-detector system in the Town of Harrison as required hereunder until a permit for the same shall have been applied for and obtained from the enforcing authority.
B. 
Form of application. The application for a smoke-detector system permit shall be made by or on behalf of the owner of the premises, in writing, on the form furnished by the enforcing authority and shall be verified by the applicant. Such application shall contain the following information:
(1) 
The name and address of the applicant and the capacity in which he makes such application.
(2) 
The name and address of each person other than the applicant having title of the property
(3) 
The name and address of the person installing or modifying the smoke-detector system.
(4) 
A general description of the type and specification of the smoke-detector system to be installed.
(5) 
The location, use and occupancy of the building or structure.
(6) 
Such additional information as may be required by the enforcing authority.
(7) 
The application for such permit shall be accompanied by not less than three copies of specifications and plans drawn to scale, with sufficient clarity and detailed dimension to show the location of each smoke detector. The enforcement authority may waive the requirements for the filing of plans when the work involved is of a minor nature.
(8) 
A written statement from the installing contractor to the effect that the detector will be installed in accordance with the approved plans and in accordance with the manufacturer's specifications.
[Amended 7-6-1994 by L.L. No. 6-1994; 1-3-1996 by L.L. No. 1-1996; 2-21-2007 by L.L. No. 1-2007]
Upon filing of the application for a smoke-detector system permit, the fees as set forth in the most current resolution of the Town Board fixing the fee pursuant to § 137-1 of the Town Code shall be payable.
The enforcement authority shall examine or cause to be examined all applications for permits within a reasonable time after filing. If the application or plan does not conform to the requirements of this article, he shall reject such application in writing, stating the reason therefor. If he is satisfied that the proposed plan conforms to the requirements of this article, he shall approve such application in writing. No work shall be performed until the permit is issued.
A. 
Upon the completion of the installation, the installing contractor shall furnish a written statement that a smoke and heat detection system has been installed in accordance with the approved plan and tested in accordance with the manufacturer's specifications. Thereafter, the installing contractor, in the presence of a representative of the enforcement authority, shall conduct a test of the smoke and heat detection system. If the test conducted is to the satisfaction of the enforcement authority, an approval certificate shall be issued as soon as practicable.
B. 
The smoke and heat detection system shall be tested annually. The annual permit fee shall be as set forth in the most current resolution of the Town Board fixing the fee pursuant to § 137-1 of the Town Code and shall identify the permit fee(s) for the following:
(1) 
Multiple dwelling buildings.
(a) 
Small residential smoke and heat detection systems, 3 to 5 smoke or heat detectors.
(b) 
Medium residential smoke and heat detection systems, 5 to 10 smoke or heat detectors.
(c) 
Large residential smoke and heat detection systems, over 10 smoke or heat detectors.
(2) 
Commercial and mixed use residential buildings.
(a) 
Small smoke and heat detection systems, 3 to 5 smoke or heat detectors.
(b) 
Medium smoke and heat detection systems, 5 to 10 smoke or heat detectors.
(c) 
Large smoke and heat detection systems, over 10 smoke or heat detectors.
(3) 
Commercial use buildings.
(a) 
5,000 square feet or under.
(b) 
Over 5,000 square feet.
A. 
It shall be the Fire Inspectors/Fire Marshal's duty, among others, to enforce the provisions of this article and all rules, conditions and requirements adopted or specified pursuant to the same. The Town Board may appoint one or more Deputy Fire Inspectors/Fire Marshals to exercise any and all duties of the Fire Inspector/Fire Marshal.
B. 
The Fire Inspector/Fire Marshal, or his duly authorized deputy or deputies, shall have the right to enter any building or enter upon any land at any reasonable hour as necessary in the execution of their duties, provided that:
(1) 
The Fire Inspector/Fire Marshal shall notify the owner and the tenant before conducting any inspections.
(2) 
The Fire Inspector/Fire Marshal or his duly authorized assistant, shall display identification signed by the Supervisor of the Town of Harrison upon commencing an inspection.
C. 
The Fire Inspector/Fire Marshal shall maintain files, open to the public, of all applications for smoke-detector system permits with plans submitted therewith, as well as test certificates and permits.
D. 
The Fire Inspector/Fire Marshal shall maintain records, open to the public, of every complaint of a violation of the provisions of this article, as well as the action taken as a result of such complaint.
E. 
The Fire Inspector/Fire Marshal shall submit to the Town Board for insertion in the Board minutes a written report summarizing, for the month, all smoke-detection system permits and approval certificates issued by him, as well as complaints of violations and the action taken as a result of such complaints.
F. 
The Fire Inspector/Fire Marshal shall promulgate rules and regulations, subject to the approval of the Town Board, to secure the intent and purpose of this article and the proper enforcement of this article.
G. 
The Fire Inspector/Fire Marshal shall issue, in writing, all appropriate notices or orders of violations of this article. Such notice or order may be served upon the owners or his agent personally or by sending by certified mail a copy of such order to the owner or his agent and/or by posting the same upon a conspicuous portion of the premises to which the notice applies. The Fire Inspector/Fire Marshal shall make all inspections which are necessary or proper for the carrying out of his duties.
H. 
The Fire Inspector/Fire Marshal shall have the authority to serve summonses for violations of this article.
A. 
The owner of a building or structure may appeal from the decision of the Fire Inspector/Fire Marshal concerning denial of a permit to the Town Board.
B. 
The application for the appeal may be made when it is claimed that the true intent of this article or the rules legally adopted thereunder have been incorrectly interpreted or the provisions of this article do not fully apply.
C. 
An appeal from the denial of a permit by the Fire Inspector/Fire Marshal shall be filed in the form required by the Town Board with the Fire Inspector/Fire Marshal within 30 days of such denial.
D. 
The Town Board shall fix a time and place for a public hearing thereunder and shall provide for the giving of public notice not more than 15 days nor less than eight days before the date of the public hearing by the publishing of a notice in the official newspaper. Such public notice shall be paid for by the applicant.
E. 
The Town Board shall hand down its decision within 30 days after the hearing is closed and must file a written return with the Town Clerk within 10 days after having made its decision. A copy of the Board's written decision shall be served upon the applicant or his attorney by ordinary mail.
[Amended 2-19-1986 by L.L. No. 2-1986]
Any person violating any of the provisions of this article shall, upon conviction, be punishable by a fine not to exceed $250 or by imprisonment for a term not to exceed 15 days, or both.