A.
It is the
intent of this chapter to prescribe regulations consistent with nationally
recognized good practice for the safeguarding, to a reasonable degree,
of life and property from the hazards of fire and explosion arising
from the storage, handling and use of hazardous substances, materials
and devices and from conditions hazardous to life or property in the
use or occupancy of buildings or premises.
B.
Additionally, this chapter provides for the administration and enforcement
of the New York State Uniform Fire Prevention and Building Code (the
Uniform Code), State Energy Conservation Construction Code (the Energy
Code) and any approved more restrictive local standards in this Town.
This chapter is adopted pursuant to § 10 of the Municipal
Home Rule Law. Except as otherwise provided in the Uniform Code, the
Energy Code, other state law, or other section of this chapter, all
buildings, structures, and premises, regardless of use or occupancy,
are subject to the provisions of this chapter.
[Added 12-15-2022 by L.L.
No. 16-2022, effective 12-30-2022]
This chapter shall be known and may be cited
as the "Fire Prevention Local Law of the Town of Brookhaven."
A.
The provisions of this chapter shall apply equally
to new and existing conditions, except that existing conditions not
in strict compliance with the terms of this chapter shall be permitted
to continue where the exceptions do not constitute a distinct hazard
to life or property in the opinion of the Chief Fire Marshal.
B.
Nothing contained in this chapter shall be construed
as applying to the transportation of any article or thing shipped
under the jurisdiction of and in compliance with the regulations prescribed
by the Interstate Commerce Commission, unless specifically stated,
nor as applying to the military forces of the United States.
C.
Whenever a provision of this chapter imposes or prescribes
any greater requirement or higher standard on premises, buildings
or structures, or on the use thereof, than is imposed or prescribed
by any other law, ordinance, rule or regulation, the provision of
this chapter shall govern.
[Amended 3-1-2005 by L.L. No. 8-2005,
effective 3-4-2005; 12-15-2022 by L.L. No. 16-2022, effective 12-30-2022]
Unless otherwise expressly stated, the following terms shall,
for the purpose of this chapter, have the meanings indicated in this
section:
Accepted by the Chief Fire Marshal as a result of his investigation
and experience or by reason of test, listing or approval by Underwriters'
Laboratories, Incorporated, the National Bureau of Standards, the
American Gas Association Laboratories or other nationally recognized
testing agencies.
The Assistant Chief Fire Marshal of the Town of Brookhaven.
The current edition of the Building Code of New York State
as incorporated by reference in 19 NYCRR Part 1221.
A document issued by the Chief Fire Marshal or his/her designee,
stating that the work was completed in compliance with approved construction
documents and codes.
The Chief Fire Marshal of the Town of Brookhaven.
A permit that authorizes the performance of work, include
permits and permissions issued by the Division of Fire Prevention
to construct a new building or structure, addition to an existing
building or structure, interior and/or exterior alterations to an
existing building or structure, installation of a fire detection,
fire protection and life safety system. The term "construction/installation
permit" shall also include a permit which is renewed, amended, or
extended pursuant to any provision of this chapter.
Fire Marshal I, Fire Marshal II, Assistant Chief Fire Marshal,
and Fire Inspector employed by the Town of Brookhaven, Division of
Fire Prevention, authorized to act on behalf of and by the Chief Fire
Marshal.
The Division of Fire Prevention of the Town of Brookhaven.
The current edition of the Energy Conservation Construction
Code of New York State (as known as the "Energy Code") as incorporated
by reference in 19 NYCRR Part 1240.
The current edition of the Existing Building Code of New
York State as incorporated by reference in 19 NYCRR Part 1227.
The current edition of the Fire Code of New York as incorporated
by reference in 19 NYCRR Part 1225.
An inspection performed to determine compliance with the
applicable provisions of 19 NYCRR Part 1225 and the publications incorporated
therein by reference and the applicable provisions of 19 NYCRR Part
1225 and the publications incorporated therein by reference and the
applicable provisions of 19 NYCRR Part 1226 and the publications incorporated
therein by reference and this chapter.
The current edition of the Fuel Gas Code of New York as incorporated
by reference in 19 NYCRR Part 1224.
The occupancy or use of a building or structure or any portion
thereof by persons harbored or detained to receive medical, charitable
or other care or treatment or by persons involuntarily detained.
The current edition of the Mechanical Code of New York State
as incorporated by reference in 19 NYCRR Part 1223.
The National Fire Protection Association, its standards and
its codes.
A permit issued pursuant by the Division of Fire Prevention
to manufacture, maintain, store, handle or keep explosives, chemicals,
flammable liquids and gases or other hazardous materials or to use,
install or conduct processes or carry on operations involving or creating
conditions which are or may be hazardous to life or property. The
term "operating permit" shall also include an operating permit which
is renewed, amended, or extended pursuant to any provision of this
chapter.
An order issued by the Chief Fire Marshal or his designee
pursuant to this local chapter.
Includes his duly authorized agent or attorney, a mortgagee
or vendee in possession, assignee of rents, purchaser, devisee, fiduciary
and any other person having a vested or contingent interest in the
property in question.
The person to whom the permit has been issued.
Shall include an individual, corporation, limited-liability
company, partnership, limited partnership, business trust, estate,
trust, association, or any other legal or commercial entity of any
kind or description.
The current edition of the Plumbing Code of New York State
as incorporated by reference in 19 NYCRR Part 1222.
The current edition of the Property Maintenance Code of New
York State as incorporated by reference in 19 NYCRR Part 1226.
The current edition of the Residential Code of New York State
as incorporated by reference in 19 NYCRR Part 1220.
An order to cease and desist pursuant to this chapter.
The Town Board of the Town of Brookhaven.
The New York State Uniform Fire Prevention and Building Code,
Subchapter A of Chapter XXXIII of Title 19 of the NYCRR, adopted pursuant
to Article 18 of the Executive Law.
[Amended 3-1-2005 by L.L. No. 8-2005,
effective 3-4-2005]
A.
A Division of Fire Prevention is hereby established,
which shall be operated under the supervision of the Chief Fire Marshal.
The head of the Division shall be known as the “Chief Fire Marshal.”
The Chief Fire Marshal shall devote his full time to the duties of
the Division of Fire Prevention. In the absence of the Chief Fire
Marshal or at the direction of the Commissioner of Public Safety,
the Assistant Chief Fire Marshal shall have the full power, authority
and responsibility to undertake and perform all acts and duties performed
by the Chief Fire Marshal. There shall be appointed as many Fire Marshals
as may be necessary to assist the Chief Fire Marshal or Assistant
Chief Fire Marshal in his duties.
[Amended 2-28-2019 by L.L. No. 7-2019, effective 3-12-2019]
B.
The Chief Fire Marshal and the Assistant Chief Fire
Marshal shall be a resident of the Town of Brookhaven and shall be
appointed pursuant to the rules and regulations of the Suffolk County
Department of Civil Service and possess the minimum experience and
qualifications as established by the Department of Civil Service.
A.
A Fire Advisory Board is hereby established which
shall consist of 10 members, all of whom shall be residents of the
Town of Brookhaven and members of a recognized Fire Department or
Board of Fire Commissioners. All members of the Fire Advisory Board
shall be appointed by the Town Board for terms of three years. However,
of said 10 members, three shall represent the Brookhaven Town Fire
District Officer's Association, three shall represent the Brookhaven
Town Fire Chief's Council, and three shall represent the Brookhaven
Town Volunteer Firemen's Association. The appointment of the nine
members representing said organizations shall be upon the recommendation
of the respective organizations which they represent.
B.
The Fire Advisory Board shall select from its own
members a Chairman and a Vice Chairman and shall meet at least once
every two months. Meetings shall be at the call of the Chairman or
upon the request of four members of the Board. Five members shall
constitute a quorum for the transaction of business.
C.
The Fire Advisory Board shall study and review the
operation of this chapter and all administration thereof by the Chief
Fire Marshal and the Division of Fire Prevention for the purpose of
formulating and recommending improvements and changes in this chapter.
The Fire Advisory Board shall act as an advisory body to the Town
of Brookhaven and the Chief Fire Marshal and the Division of Fire
Prevention in connection with the carrying out of the provisions and
purposes of this chapter.
[Amended 3-7-1995 by L.L. No. 8-1995,
effective 3-10-1995; 12-15-2022 by L.L. No. 16-2022, effective 12-30-2022]
The Chief Fire Marshal or his/her designee of
the Division of Fire Prevention may, at all reasonable hours, enter
any building or premises, with the consent of the owner or occupant,
or with a search warrant, for the purpose of making any inspection
or investigation which, under the provisions of this chapter, he or
they may deem necessary to be made.
A.
It shall be the duty of the Chief Fire Marshal to
inspect or cause to be inspected by the Division of Fire Prevention
all buildings and premises, except the interiors of one-family dwellings,
as often as may be necessary for the purpose of ascertaining and causing
to be corrected any condition liable to cause fire or endanger life
from fire or any violations of the provisions or intent of this chapter
and of any other local law affecting the fire hazard.
D.
It shall be the duty of the Chief Fire Marshal to
inspect or cause to be inspected by the Division of Fire Prevention
all exterior areas adjacent to or adjoining any structure or building,
except one-family dwellings, for the purpose of designating said areas
or portions thereof as fire zones. Any areas so designated shall be
plainly defined and marked as such in a manner prescribed by the Chief
Fire Marshal.
E.
It shall be the duty of the Division of Fire Prevention
to investigate the origin, cause and circumstances of the following
when said condition or occurrence is within the Town of Brookhaven:
(1)
Every fire involving injury or loss of life.
(2)
Every suspicious fire.
(3)
Every fire which the Chief Fire Marshal determines
worthy due to its size, speed or unusual conditions.
(4)
Every hazardous condition or occurrence which might
present a clear and present danger to the health, safety and welfare
of the general public.
(5)
Every fire or related condition or occurrence when
requested by the local Fire Department, Fire District or other duly
authorized agency.
F.
It shall be the duty of the Chief Fire Marshal and
the Division of Fire Prevention, upon request, to assist the local
Fire Department, the local Fire District or any other duly authorized
agency in the mitigation of any hazardous condition or occurrence
which might present a clear and present danger to the health, safety
and welfare of the general public when such event shall occur in the
town provided, however, that any member of the Division of Fire Prevention
may take appropriate action to protect the health, safety and welfare
of any person, or to minimize damage to property in the event of an
emergency. For purposes of this section, an emergency is defined as
an unforeseen occurrence or condition that calls for immediate action.
[Amended 9-18-1997 by L.L. No. 14-1997, effective 9-22-1997; 9-1-1998 by L.L. No. 22-1998, effective 9-4-1998]
(1)
The person or entity responsible for the spill, discharge or other release of any material that creates any hazardous condition or occurrence as described in § 30-8F above shall reimburse the Town for all expenses incurred by the Town for the mitigation and investigation of the hazardous condition or occurrence. This section shall not apply to accidental spills or releases of home heating oil, swimming pool treatments or similar materials within or on the premises of single-family dwellings, unless such spill or release was due to a negligent or intentional act.
G.
It shall be the duty of the Division of Fire Prevention
to assist any Fire Department, Fire District, municipality or any
other duly authorized agency not within or part of the Town of Brookhaven,
when assistance is requested by such Fire Department, Fire District,
municipality or duly authorized agency, in the mitigation or investigation
of the origin, cause and circumstances of any fire or hazardous condition
or occurrence which might present a clear and present danger to the
health, safety and welfare of the general public, regardless of the
place of occurrence, provided that the Commissioner of Public Safety
or his/her designee shall first approve the renderings of such assistance.
[Amended 9-18-1997 by L.L. No. 14-1997, effective 9-22-1997; 3-1-2005 by L.L. No. 8-2005, effective 3-4-2005; 2-28-2019 by L.L. No. 7-2019, effective 3-12-2019]
(1)
The person or entity responsible for the spill, discharge or other release of any material that creates any hazardous condition or occurrence as described in § 30-8F above shall be responsible to reimburse the Town for all expenses incurred by the Town for the mitigation and investigation of the hazardous condition or occurrence. This section shall not apply to accidental spills or releases of home heating oil, swimming pool treatments or similar materials within or on the premises of single-family dwellings, unless such spill or release was due to a negligent or intentional act.
(2)
It shall be the duty of the Fire Department, Fire District, municipality or other duly authorized agency not within or part of the Town of Brookhaven, to provide all necessary assistance in identifying the person or entity responsible for any spill, discharge or other release as described in § 30-8G(1) above and all reasonable assistance in obtaining reimbursement for the Town of Brookhaven therefrom.
H.
It shall be the duty of the Division of Fire Prevention
to enforce the applicable provisions of the New York State Uniform
Fire Prevention and Building Code (commonly referred to as the "Uniform
Code") in addition to any other laws, rules, codes or regulations
duly adopted by the Code of the Town of Brookhaven.
[Added 4-17-2001 by L.L. No. 12-2001, effective 4-20-2001; amended 12-15-2022 by L.L. No. 16-2022, effective 12-30-2022]
(1)
To receive, review, and approve or disapprove applications for construction
and installation permits, certificates of compliance, and operating
permits, and the plans, specifications, and construction documents
submitted with such applications;
(2)
Upon approval of such applications, to issue construction and installation
permits, certificates of compliance, and operating permits, and to
include terms and conditions as the Chief Fire Marshal may determine
to be appropriate in construction permits, certificates of compliance,
and operating permits;
(3)
To conduct construction inspections; inspections to be made prior
to the issuance of certificates of compliance, and operating permits;
fire safety and property maintenance inspections; inspections incidental
to the investigation of complaints; and all other inspections required
or permitted under any provision of this chapter;
(4)
To issue stop-work orders;
(5)
To review and investigate complaints;
(7)
To maintain records;
(8)
To collect fees as set by the Town Board resolution;
(9)
To pursue administrative enforcement actions and proceedings;
(10)
In consultation with the Town of Brookhaven Attorney, to pursue such
legal actions and proceedings as may be necessary to enforce the Uniform
Code, the Energy Code, and this chapter, or to abate or correct conditions
not in compliance with the Uniform Code, the Energy Code, or this
chapter; and
(11)
To exercise all other powers and fulfill all other duties conferred
upon the Chief Fire Marshal by this chapter.
I.
The Chief Fire Marshal shall be appointed by the Commissioner of
the Department of Public Safety. The Chief Fire Marshal shall possess
background experience related to building construction or fire prevention
and shall, within the time prescribed by law, obtain such basic training,
in-service training, advanced in-service training, and other training
as the State of New York shall require for code enforcement personnel,
and the Code Enforcement Officer shall obtain certification from the
Department of State pursuant to the Executive Law and the regulations
promulgated thereunder.
[Added 12-15-2022 by L.L.
No. 16-2022, effective 12-30-2022]
(1)
In the event that the Chief Fire Marshal is unable to serve as such for any reason, another individual shall be appointed pursuant to § 30-5A of this chapter.
(2)
One or more Fire Marshal I, Fire Marshal II and an Assistant Chief
Fire Marshal may be appointed by the Commissioner of the Department
of Public Safety to act under the supervision and direction of the
Chief Fire Marshal and to assist the Chief Fire Marshal in the exercise
of the powers and fulfillment of the duties conferred upon the Chief
Fire Marshal by this chapter. Each Fire Marshal I, Fire Marshal II
and Assistant Chief Fire Marshal shall, within the time prescribed
by law, obtain such basic training, in-service training, advanced
in-service training, and other training as the State of New York shall
require for code enforcement personnel, and each inspector shall obtain
certification from the Department of State pursuant to the Executive
Law and the regulations promulgated thereunder.
[Amended 12-15-2022 by L.L. No. 16-2022, effective 12-30-2022]
A.
Whenever
the Division of Fire Prevention shall find in any building, vehicle
or vessel or upon any premises dangerous or hazardous conditions or
materials as follows, it shall order such dangerous conditions or
materials to be removed or remedied in such manner as may be specified
by the Chief Fire Marshal.
B.
Orders to
remedy. The Chief Fire Marshal or his/her designee is authorized to
order in writing the remedying of any condition or activity found
to exist in, on or about any building, structure, or premises in violation
of the Uniform Code, the Energy Code, or this chapter, including whenever
the Division of Fire Prevention shall find in any building, vehicle
or vessel or upon any premises dangerous or hazardous conditions or
materials as follows:
(1)
Dangerous or unlawful amounts of combustible or explosive
or otherwise hazardous materials.
(2)
Hazardous conditions arising from defective or improperly
installed equipment for handling or using combustible or explosive
or otherwise hazardous materials.
(3)
Dangerous accumulations of rubbish, wastepaper, boxes,
shavings or other highly flammable materials.
(4)
Accumulations of dust or waste material in air-conditioning
or ventilating systems or of grease in kitchen or other exhaust ducts.
(5)
Obstructions to or on fire escapes, stairs, passageways,
doors or windows, liable to interfere with the operations of the Fire
Department or egress of occupants in case of fire.
(6)
Any building or other structure which, for want of
repairs, lack of adequate exit facilities, automatic or other fire
alarm apparatus or fire-extinguishing equipment or by reason of age
or dilapidated condition or from any other cause, creates a hazardous
condition.
C.
An order to remedy shall be in writing; shall be dated and signed
by the Chief Fire Marshal or his/her designee; shall specify the condition
or activity that violates the Uniform Code, the Energy Code, or this
chapter; shall specify the provision or provisions of the Uniform
Code, the Energy Code, or this chapter which is/are violated by the
specified condition or activity; and shall include a statement substantially
similar to the following:
"The person or entity served with this Order to Remedy must
completely remedy each violation described in this Order to Remedy
by _____ [specify date], which is 30 days after the date of this Order
to Remedy."
The order to remedy may include provisions ordering the person
or entity served with such order to remedy (1) to begin to remedy
the violations described in the order to remedy immediately, or within
some other specified period of time which may be less than 30 days;
to continue diligently to remedy such violations until each such violation
is fully remedied; and, in any event, to complete the remedying of
all such violations within 30 days of the date of such order to remedy;
and/or (2) to take such other protective actions (such as vacating
the building or barricading the area where the violations exist) which
are authorized by this chapter or by any other applicable statute,
regulation, rule, chapter or ordinance, and which the Chief Fire Marshal
may deem appropriate, during the period while such violations are
being remedied. The Chief Fire Marshal shall cause the order to remedy,
or a copy thereof, to be served on the owner of the affected property
personally or by registered mail or certified mail within five days
after the date of the order to remedy. The Chief Fire Marshal shall
be permitted, but not required, to cause the order to remedy, or a
copy thereof, to be served on any builder, architect, tenant, contractor,
subcontractor, construction superintendent, or their agents, or any
other person taking part or assisting in work being performed at the
affected property personally or by registered mail or certified mail
within five days after the date of the order to remedy; provided,
however, that failure to serve any person mentioned in this sentence
shall not affect the efficacy of the compliance order.
A.
The service of orders for the correction of violations of § 30-9 shall be made upon the owner, occupant or other person responsible for the conditions, either by delivering a copy of the same to such person or by delivering the same to and leaving it with any person in charge of the premises or, in case no such person is found upon the premises, by affixing a copy thereof in a conspicuous place on said premises. Whenever it may be necessary to serve such an order by affixing a copy thereof in a conspicuous place upon said premises, another copy thereof shall be mailed by certified mail with return receipt requested within 24 hours of posting to the person to whom it is directed at his last known address or place of residence.
B.
If buildings or other premises are owned by one person
and occupied by another under lease or otherwise, the orders issued
in connection with the enforcing of this chapter shall apply to the
occupant thereof, except where the rules or orders require the making
of additions to or changes in the premises themselves such as would
immediately become real estate and be the property of the owner of
the premises; in such cases, the rules or orders shall affect the
owner and not the occupant.
[Amended 10-5-1993 by L.L. No. 19-1993, effective 10-12-1993]
[Amended 2-2-1993 by L.L. No. 4-1993, effective 2-12-1993; 3-7-1995 by L.L. No. 8-1995, effective 3-10-1995; 12-15-2022 by L.L.
No. 16-2022, effective 12-30-2022]
A.
Operating permits. An operating permit shall be required for conducting any process or activity or for operating any type of building, structure or facility as listed in Chapter 30 of this chapter.
(1)
A permit shall constitute permission in writing to manufacture, maintain,
store, handle or keep explosives, chemicals, flammable liquids and
gases or other hazardous materials or to use, install or conduct processes
or carry on operations involving or creating conditions which are
or may be hazardous to life or property or to install equipment used
in connection with such activities. Such permit shall not take the
place of any other license required by law and shall not be transferable
nor assignable. Each permit shall be limited to the purposes and materials
set forth on the face thereof, and any change in use or occupancy
of premises shall require a new permit.
(2)
Before any permit other than a household or commercial burning permit
may be issued, the Division of Fire Prevention, with the consent of
the owner or occupant, or with a search warrant, shall inspect and
approve the receptacles, equipment, vehicles, buildings, premises
or storage place to be used. In cases where the approval of any other
governmental agency is required, no permit shall be issued until satisfactory
evidence of such approval has been submitted by the applicant.
(3)
Applications for operating permits. An application for an operating
permit shall be in writing on a form provided by or otherwise acceptable
to the Chief Fire Marshal. Such application shall include such information
as the Chief Fire Marshal deems sufficient to permit a determination
by the Chief Fire Marshal that quantities, materials, and activities
conform to the requirements of the Uniform Code and this chapter.
If the Chief Fire Marshal determines that tests or reports are necessary
to verify conformance, such tests or reports shall be performed or
provided by such person or persons as may be designated by or otherwise
acceptable to the Chief Fire Marshal, at the expense of the applicant.
An operating permit shall not be effective until such time as the
applicant has corrected all violations which were observed at the
time of inspection. The permit fee shall cover a period of one year
from the date of either; an application is received by the Division
of Fire Prevention or in the case where a renewal of an existing operating
permit, the date of the expiration of said existing permit, unless
specifically stated by some other section of this chapter.
(4)
Permits shall at all times be kept on the premises designated therein
and shall at all times be subject to inspection by the Division of
Fire Prevention and any officer of the Fire or Police Department.
(5)
Inspections. The Chief Fire Marshal or his/her designee shall inspect
the subject premises prior to the issuance of an operating permit.
Such inspections shall be performed either in-person or remotely.
After inspection, the premises shall be noted as satisfactory and
the operating permit shall be issued, or the operating permit holder
shall be notified as to the manner in which the premises fail to comply
with either or both Uniform Code, this chapter, and the code enforcement
program, including a citation to the specific provision or provisions
that have not been met.
(6)
Multiple activities. In any circumstance in which more than one activity listed in Subsection A(1) of this section is to be conducted at a location, the Chief Fire Marshal may require a separate operating permit for each such activity, or the Chief Fire Marshal may, in their discretion, issue a single operating permit to apply to all such activities.
(7)
A copy of each permit, together with the application and plans upon
which it is based, shall be delivered by the Chief Fire Marshal forthwith
to the Chief of the Fire Department which protects the area in which
the premises are situated.
(8)
Revocation or suspension of operating permits. If the Chief Fire
Marshal determines that any activity or building for which an operating
permit was issued does not comply with any applicable provision of
the Uniform Code or this chapter, such operating permit shall be revoked
or suspended.
(9)
The fee specified in or determined in accordance with the provisions set forth in § 30-12 (Fees) of this chapter must be paid at the time of submission of an application for an operating permit, for an amended operating permit, or reissue or for renewal of an operating permit.
(10)
Operating permits shall be valid for 12 months, unless otherwise
noted in this chapter.
(11)
Any operating permit issued by the Division of Fire Prevention
that has expired for a period in excess of 90 days shall require a
renewal fee equal to triple the applicable permit fee.
B.
Construction and installation permits.
(1)
Construction and installation permits shall be required for any work
which must conform to the Uniform Code, the Energy Code, and this
chapter, including, but not limited to, the construction, enlargement,
alteration, improvement, removal, relocation, of any building or structure
or any portion thereof, except for one-family dwellings, and the installation
of any fire detection, fire protection or life safety system. No person
shall commence any work for which a construction and/or installation
permit is required without first having obtained the appropriate permit
from the Chief Fire Marshal.
(2)
Applications for construction and installation permits from the Division
of Fire Prevention. Applications for a construction or installation
permit shall be made in writing on a form provided by or otherwise
acceptable to the Chief Fire Marshal. The application shall be signed
by the owner of the property where the work is to be performed or
an authorized agent of the owner. The application shall include such
information as the Chief Fire Marshal deems sufficient to permit a
determination by the Chief Fire Marshal, or his/her designee, that
the intended work complies with all applicable requirements of the
Uniform Code, the Energy Code and this chapter. The application shall
include or be accompanied by the following information and documentation:
(a)
A description of the location, nature, extent, and scope of
the proposed work;
(b)
The Tax Map number and the street address of any affected building
or structure;
(c)
The occupancy classification of any affected building or structure;
(d)
Where applicable, a statement of special inspections prepared
in accordance with the provisions of the Uniform Code; and
(e)
At least three sets of construction documents (drawings and/or
specifications) which:
[1]
Describe the location, nature, extent, and scope of the proposed
work;
[2]
Show that the proposed work will conform to the applicable provisions
of the Codes;
[3]
Show the location, construction, size, and character of all
portions of the means of egress;
[4]
Show the proposed structural, electrical, plumbing, mechanical,
fire-protection, and other service systems of the building;
[5]
Include a site plan, drawn to scale and drawn in accordance
with an accurate boundary survey, showing the size and location of
new construction and existing structures and appurtenances on the
site, distances from lot lines, the established street grades and
the proposed finished grades, and
[6]
Evidence that the documents were prepared by a licensed and
registered architect in accordance with Article 147 of the New York
State Education Law or a licensed and registered professional engineer
in accordance with Article 145 of the New York State Education Law
and practice guidelines, including but not limited to the design professional's
seal which clearly and legibly shows both the design professional's
name and license number and is signed by the design professional whose
name appears on the seal in such a manner that neither the name nor
the number is obscured in any way, the design professional's
registration expiration date, the design professional's firm
name (if not a sole practitioner), and, if the documents are submitted
by a professional engineering firm and not a sole practitioner professional
engineer, the firm's certificate of authorization number.
(3)
Construction documents. Construction documents will not be accepted as part of an application for a construction and/or installation permit unless they satisfy the requirements set forth in Subsection D(5) of this section. Construction documents which are accepted as part of the application for a construction and/or installation permit shall be marked as accepted by the Chief Fire Marshal in writing or by stamp, or in the case of electronic media, an electronic marking. One set of the accepted construction documents shall be retained by the Chief Fire Marshal, and one set of the accepted construction documents shall be returned to the applicant to be kept at the work site so as to be available for use by the Chief Fire Marshal or his/her designee. However, the return of a set of accepted construction documents to the applicant shall not be construed as authorization to commence work, nor as an indication that a construction and/or installation permit will be issued. Work shall not be commenced until and unless a construction and/or installation permit is issued.
(4)
Issuance of construction and installation permits. An application
for a construction and/or installation permit shall be examined to
ascertain whether the proposed work is in compliance with the applicable
requirements of the Uniform Code, Energy Code and this chapter. The
Chief Fire Marshal or his/her designee shall issue a construction
and/or installation permit if the proposed work is in compliance with
the applicable requirements of the Uniform Code, Energy Code, and
this chapter.
(5)
Construction and installation permits to be displayed. Construction
and installation permits shall be visibly displayed at the work site
and shall remain visible until the authorized work has been completed.
(6)
Work to be in accordance with construction documents. All work shall
be performed in accordance with the construction documents which were
submitted with and accepted as part of the application for the construction
or installation permit. The construction and installation permits
shall contain such a directive. The permit holder shall immediately
notify the Chief Fire Marshal or his/her designee of any change occurring
during the course of the work. The construction and installation permit
shall contain such a directive. If the Chief Fire Marshal or his/her
designee determines that such change warrants a new or amended construction
or installation permit, such change shall not be made until and unless
a new or amended construction or installation permit reflecting such
change is issued.
(7)
Time limits. Construction and installation permits shall become invalid
unless the authorized work is commenced within 12 months following
the date of issuance. Construction and installation permits shall
expire 12 months after the date of issuance. A construction and installation
permit which has become invalid, or which has expired pursuant to
this subsection, may be renewed upon application by the permit holder,
payment of the applicable fee, and approval of the application by
the Chief Fire Marshal or his/her designee.
(8)
Revocation or suspension of construction and installation permits.
If the Chief Fire Marshal determines that a construction or installation
permit was issued in error because of incorrect, inaccurate, or incomplete
information, or that the work for which a construction or installation
permit was issued violates the Uniform Code, Energy Code, and/or this
chapter, the Chief Fire Marshal shall revoke the construction or installation
permit or suspend the construction or installation permit until such
time as the permit holder demonstrates that:
(9)
A copy of each construction permit, together with the plans upon
which it is based, shall be delivered by the Chief Fire Marshal or
his/her designee forthwith to the Chief of the Fire Department which
protects the area in which the premises are situated.
(10)
Fees. The fee specified in or determined in accordance with the provisions set forth in § 30-12 of this chapter must be paid at the time of submission of an application for any construction or installation permit, for an amended construction or installation permit, or for renewal of a construction or installation permit.
C.
Certificates of compliance.
(1)
Certificates of compliance required. A certificate of compliance
shall be required for any work which is the subject of a construction
or installation permit and for all structures, buildings, or portions
thereof, which are converted from one use or occupancy classification
or subclassification to another.
(2)
Issuance of certificates of compliance. The Chief Fire Marshal or
his/her designee shall issue a certificate of compliance if the work
which was the subject of the construction or installation permit was
completed in accordance with all applicable provisions of the Uniform
Code, Energy Code and this chapter and, if applicable, that the structure,
building or portion thereof that was converted from one use or occupancy
classification or subclassification to another complies with all applicable
provisions of the Uniform Code, Energy Code and this chapter. The
Chief Fire Marshal, or his/her designee, shall inspect the building,
structure, or work prior to the issuance of a certificate of compliance.
In addition, where applicable, the following documents, prepared in
accordance with the provisions of the Uniform Code by such person
or persons as may be designated by or otherwise acceptable to the
Chief Fire Marshal, at the expense of the applicant for the certificate
of compliance, shall be provided to the Chief Fire Marshal or his/her
designee prior to the issuance of the certificate of compliance:
(a)
A final report of special inspections.
(3)
Certificates of compliance. A certificate of compliance shall contain
the following information:
(a)
The Division of Fire Prevention construction or installation
permit number;
(b)
The name (if any), address and Tax Map number of the property;
(c)
If the certificate of compliance is not applicable to an entire
structure, a description of that portion of the structure for which
the certificate of compliance is issued;
(d)
The use and occupancy classification of the structure;
(e)
The type of construction of the structure;
(f)
The occupant load of the assembly areas in the structure, if
any;
(g)
Any special conditions imposed in connection with the issuance
of the construction or installation permit; and
(h)
The signature of the Chief Fire Marshal or his/her designee
issuing the certificate of compliance and the date of issuance.
(4)
Revocation or suspension of certificates. If the Chief Fire Marshal
determines that a certificate of compliance was issued in error or
on the basis of incorrect information, and if the relevant deficiencies
are not corrected to the satisfaction of the Chief Fire Marshal within
such period of time as shall be specified by the Chief Fire Marshal,
the Chief Fire Marshal shall revoke or suspend such certificate.
D.
Stop-work orders.
(1)
Authority to issue. The Chief Fire Marshal, or his/her designee,
is authorized to issue stop-work orders pursuant to this section.
The Chief Fire Marshal or his/her designee shall issue a stop-work
order to halt:
(a)
Any work that is determined by the Chief Fire Marshal or his/her
designee to be contrary to any applicable provision of the Uniform
Code, Energy Code, or this chapter, without regard to whether such
work is or is not work for which a construction and/or installation
permit is required, and without regard to whether a construction and/or
installation permit has or has not been issued for such work; or
(b)
Any work that is being conducted in a dangerous or unsafe manner
in the opinion of the Chief Fire Marshal or his/her designee, without
regard to whether such work is or is not work for which a construction
and/or installation permit is required, and without regard to whether
a construction and/or installation permit has or has not been issued
for such work; or
(c)
Any work for which a construction and/or installation permit
is required which is being performed without the required construction
and/or installation permit, or under a construction and/or installation
permit that has become invalid, has expired, or has been suspended
or revoked.
(3)
Service of stop-work orders. The Chief Fire Marshal or his/her designee
shall cause the stop-work order, or a copy thereof, to be conspicuously
affixed to the building, structure, equipment or system, and to be
served on the owner of the affected property and, if the owner is
not the permit holder, on the permit holder personally or by US Mail.
The Chief Fire Marshal or his/her designee shall be permitted, but
not required, to cause the stop-work order, or a copy thereof, to
be served on any builder, architect, tenant, contractor, subcontractor,
construction superintendent, or their agents, or any other person
taking part or assisting in work affected by the stop-work order,
personally or by US Mail; provided, however, that failure to serve
any person mentioned in this sentence shall not affect the efficacy
of the stop-work order.
(4)
Effect of stop-work order. Upon the issuance of a stop-work order,
the owner of the affected property, the permit holder, and any other
person performing, taking part in or assisting in the work shall immediately
cease all work which is the subject of the stop-work order, other
than work expressly authorized by the Chief Fire Marshal or his/her
designee to correct the reason for issuing the stop-work order.
(5)
Remedy not exclusive. The issuance of a stop-work order shall not be the exclusive remedy available to address any event described in Subsection A of this section, and the authority to issue a stop-work order shall be in addition to, and not in substitution for or limitation of, the right and authority to pursue any other remedy or impose any other penalty under § 30-16 (Violations) of this chapter or under any other applicable chapter or state law. Any such other remedy or penalty may be pursued at any time, whether prior to, at the time of, or after the issuance of a stop-work order.
[Amended 3-6-1990 by L.L. No. 10-1990,
effective 3-12-1990; 11-17-2016 by L.L. No. 24-2016, effective 12-5-2016]
The fees shall be established by Town Board
resolution.
This chapter shall not be construed to subject
the Town of Brookhaven, any Fire District or Fire Department therein
or any officers or employees thereof to any civil or other liability
for any damage to persons or property by reason of the inspection
or reinspection authorized herein or failure to inspect or reinspect
or the permit issued as herein provided or by reason of the approval
or disapproval of any equipment authorized herein.
The Chief Fire Marshal shall have the power
to modify any of the provisions of this chapter upon application,
in writing, by the owner or lessee or his duly authorized agent when
there are practical difficulties in the way of carrying out the strict
letter of the chapter, provided that the spirit of the chapter shall
be observed, public safety secured and substantial justice done. The
particulars of such modification, when granted or allowed, and the
decision of the Chief Fire Marshal thereon shall be entered upon the
records of the Division of Fire Prevention, and a copy shall be furnished
to the applicant.
Whenever the Chief Fire Marshal shall disapprove
an application or refuse to grant a permit applied for or revoke a
permit, or when it is claimed that the provisions of this chapter
do not apply or that the true intent and meaning of this chapter has
been misconstrued or wrongly interpreted, the applicant may appeal,
in writing, from the decision of the Chief Fire Marshal to the Town
Board within 10 days from the date of the decision appealed. The Town
Board, after receipt of such notice of appeal, may, in its discretion,
stay the effect of any order pending its decision. The decision of
the Town Board shall be entered upon the records of the Division of
Fire Prevention, and a copy shall be furnished to the applicant.
[Added 12-15-2022 by L.L.
No. 16-2022, effective 12-30-2022]
A.
Appearance tickets. The Chief Fire Marshal, Assistant Chief Fire
Marshal, Fire Marshal I and Fire Marshal II are authorized to issue
appearance tickets for any violation of the Uniform Code or this chapter.
B.
Penalties. In addition to such other penalties as may be prescribed
by state law:
(1)
Any person who violates any provision of this chapter or any term,
condition, or provision of any operating, construction or installation
permit or other notice or order issued by the Chief Fire Marshal or
his designee pursuant to any provision of this chapter, shall be punishable
by a fine of not more than $125 per day of violation, or imprisonment
not exceeding 15 days, or both; and
(2)
Any person who violates any provision of the Uniform Code, the Energy
Code or this chapter, or any term or condition of any operating permit,
construction, or installation permit or other notice or order issued
by the Chief Fire Marshal or his/her designee pursuant to any provision
of this chapter, shall be liable to pay a civil penalty of not more
than $125 for each day or part thereof during which such violation
continues. The civil penalties provided by this subsection shall be
recoverable in an action or special proceeding instituted in the name
of this Town.
C.
Injunctive relief. An action or special proceeding may be instituted
in the name of this Town, in a court of competent jurisdiction, to
prevent, restrain, enjoin, correct, or abate any violation of, or
to enforce, any provision of the Uniform Code, the Energy Code, this
chapter, or any term or condition of any operating, construction or
installation permit, order to remedy, or other notice or order issued
by the Chief Fire Marshal or his/her designee pursuant to any provision
of this chapter. In particular, but not by way of limitation, where
the construction, installation or use of a building or structure is
in violation of any provision of the Uniform Code, the Energy Code,
this chapter, or any stop-work order, order to remedy or other order
obtained under the Uniform Code, the Energy Code or this chapter,
an action or proceeding may be commenced in the name of this Town
in the Supreme Court or in any other court having the requisite jurisdiction,
to obtain an order directing the removal of the building or structure
or an abatement of the condition in violation of such provisions.
No action or proceeding described in this subsection shall be commenced
without the appropriate authorization from the Town Board of this
Town.
D.
Remedies not exclusive. No remedy or penalty specified in this section shall be the exclusive remedy or penalty available to address any violation described in this section, and each remedy or penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the other remedies or penalties specified in this section, in § 30-11D (Stop-work orders) of this chapter, in any other section of this chapter, or in any other applicable law. Any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any other remedy or penalty specified in this section, in § 30-11D (Stop-work orders) of this chapter, in any other section of this chapter, or in any other applicable law. In particular, but not by way of limitation, each remedy and penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the penalties specified in Subdivision (2) of § 382 of the Executive Law, and any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any penalty specified in Subdivision (2) of § 382 of the Executive Law.
[1]
Editor's Note: Former § 30-16, Penalties for offenses,
as amended, was repealed 1-16-2017 by L.L. No. 22-2017, effective 11-28-2017.
If any article, section, subsection, subdivision,
paragraph, sentence, phrase, clause, word or portion of this chapter
is for any reason held invalid or unconstitutional by a court of competent
jurisdiction, such portion shall be deemed a separate, distinct and
independent provision, and such holding shall not affect the validity
of the remaining portions of this chapter.
No building or structure or part thereof erected
or altered in accordance with § 30-11H shall be occupied
for use until an inspection of the same has been conducted by the
Division of Fire Prevention and an appropriate certificate of compliance
issued.
[Amended 11-23-2010 by L.L. No. 45-2010, effective 12-7-2010; 3-1-2018 by L.L. No. 5-2018, effective 3-12-2018]
A.
All persons, corporations or other entities owning
improved commercial used, zoned or assessed properties in the Town
of Brookhaven shall file a certificate of registration with the Chief
Fire Marshal in accordance with regulations, as she/he shall prescribe.
B.
A biennial fee, as established by Town Board resolution, is due and payable every January commencing in the year 2019. Penalties for failure are prescribed in § 30-16 herein.[1]
[1]
Editor's Note: Former § 30-16, Penalties for offenses,
as amended, was repealed 1-16-2017 by L.L. No. 22-2017, effective
11-28-2017. See now Executive Law § 382, Subdivision (2).
[Added 12-15-2022 by L.L.
No. 16-2022, effective 12-30-2022]
Unsafe buildings, structures, and equipment and conditions of imminent danger in this Town of Brookhaven shall be identified and addressed in accordance with the procedures established in Chapter 73 of the Code of the Town of Brookhaven now in effect or as hereafter amended from time to time.