Town of Brookhaven, NY
Suffolk County
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Table of Contents
Table of Contents
A. 
Permit required. No person shall kindle or maintain any bonfire or rubbish fire or authorize any such fire to be kindled or maintained on or in any public street, alley or road. No person shall kindle or maintain any bonfire or rubbish fire or authorize any such fire to be kindled or maintained on any privately owned property or in any other public ground without written permission from the Board of Fire Commissioners in whose area the burning is to be conducted or from its duly authorized representative. During construction or demolition of buildings or structures, no waste materials or rubbish shall be disposed of by burning on the premises or in the immediate vicinity without having obtained written permission from the Board of Fire Commissioners in whose area the burning is to be conducted or from its duly authorized representative. This shall be in no way construed as being applicable to backyard barbecues. The requirements of this section shall be in addition to any other permits required by a higher governmental agency.
B. 
Location restricted. No person to whom a permit is issued shall kindle or maintain any bonfire or rubbish fire or authorize any such fire to be kindled or maintained on any private land unless the location is not less than 50 feet from any structure and adequate provision is made to prevent fire from spreading to within 50 feet of any structure or the fire is contained in an approved waste burner located safely not less than 15 feet from any structure. This shall in no way be construed as applicable to backyard barbecues.
C. 
Chief may prohibit. The Chief of the Fire Department, or his designee, which protects the area may prohibit any or all bonfires and outdoor rubbish fires when atmospheric conditions or local circumstances make such fire hazardous.
D. 
The Chief Fire Marshal may prohibit all bonfires and rubbish fires regardless of any permissions in all or any part of the Town of Brookhaven when atmospheric conditions or local circumstances make such fires hazardous. Notice of such prohibition and its subsequent termination shall be made to each Fire District and Fire Department as soon as practicable.
E. 
All permits and permissions required within the scope of this section shall at all times be present at the location of such burning and shall be readily available for inspection by members of the Fire Department, Fire District, Police Department or Division of Fire Prevention.
[Amended 12-20-1988 by L.L. No. 30-1988, effective 12-27-1988]
The use of a torch or other flame-producing device for removing paint, varnish or any other interior or exterior finish from any building or structure is prohibited.
No person making, using, storing or having in charge or under his control any shavings, excelsior, rubbish, sacks, bags, litter, hay, straw or combustible waste materials shall fail or neglect at the close of each day to cause all such material which is not compactly baled and stacked in an orderly manner to be removed from the building or stored in suitable vaults or in metal-lined, covered receptacles or bins. The Chief Fire Marshal shall require suitable baling presses to be installed in all stores, apartment buildings, factories and similar places where accumulations of paper and waste materials are not removed at least every second day.
All receptacles or bins hereinabove referred to in § 30-35 shall be kept closed at all times and shall be located not less than 15 feet from any building or structure unless otherwise specified by the Chief Fire Marshal. Any such receptacles or bins equipped with wheels shall be enclosed within a noncombustible sill or wall no less than four inches in height.
A. 
Permit required. No person shall store in any building or upon any premises in excess of 2,500 cubic feet in gross volume of combustible empty packing cases, boxes, barrels or similar containers, rubber tires, baled cotton, rubber or cork or other similarly combustible materials without a permit.
B. 
Storage requirements. Storage in buildings shall be orderly, shall not be within two feet of the ceiling and shall not be so located as to endanger exit from the building. Storage in the open shall not be more than 20 feet in height, shall be so located, with respect to adjacent buildings, as not to constitute a hazard and shall be compact and orderly.
A. 
No person shall take an open flame or light into any building, barn, vessel, boat or any other place where highly flammable, combustible or explosive material is kept unless such light or flame shall be well-secured in a glass globe, wire mesh cage or similar approved device.
B. 
No heating or lighting apparatus or equipment capable of igniting flammable materials of the types stored or handled shall be used in the storage areas of any warehouse storing rags, excelsior, hair or other highly flammable or combustible material; nor in the work area of any shop or factory used for the manufacture, repair or renovating of mattresses or bedding; nor in the work area of any establishment used for the upholstering of furniture.
A. 
All chimneys, smokestacks or similar devices for conveying smoke or hot gases to the outer air and the stoves, furnaces, restaurant-type cooking equipment, incinerators, fire boxes or boilers to which they are connected shall be constructed and maintained in such manner as not to create a hazardous condition. A permit shall be obtained from the Chief Fire Marshal for the installation of any of the above-mentioned equipment which is connected to any chimney, smokestack or similar device. This section shall be applicable to all construction, excluding single-family dwellings.
[Amended 9-3-1996 by L.L. No. 20-1996, effective 9-6-1996]
B. 
No person or persons shall construct a chimney in or attach any chimney to any dwelling unless such chimney is either a masonry chimney designed for the use of all types of fuels and is built up from the ground or a factory-fabricated chimney approved as a result of tests and listed by a nationally recognized laboratory for use with all types of fuels and is installed in accordance with the conditions of approval and listing. The minimum free area of the chimney shall be equivalent to a seven-inch round flue.
A. 
Every factory-built chimney shall be equipped with a suitable means for cleaning access at the base and a suitable termination at the top.
B. 
Factory-built housings which are field assembled shall be equipped with steel tension straps secured to the roof framing by nails and to the housing by bolts.
C. 
Factory-built housings which are factory-assembled must be secured to the roof framing with screws or bolts.
D. 
For use on commercial buildings, DWS (double-wall steel) vents may be used for gas-heat appliances only. DWS vents shall be installed in accordance with their listing and/or the manufacturer's instructions.
E. 
The installation of factory-fabricated chimneys shall be in accordance with the appropriate standards of the NFPA and the manufacturer's instructions.
[Amended 12-20-1988 by L.L. No. 30-1988, effective 12-27-1988]
A. 
All concealed or closed-off spaces above ceilings or other similar areas shall be provided with suitable access from either the interior or exterior of the structure whenever said spaces contain any fire-detecting equipment or devices, fire-suppression equipment or devices or smoke/fire-control equipment or devices. This section does not apply to spaces that contain only wiring or piping for such equipment or devices.
B. 
Access opening required by this section shall have a minimum clear opening of not less than 24 inches by 48 inches.
C. 
One access opening shall be provided for each 3,000 square feet of concealed or closed-off space.
D. 
Access opening shall be arranged so that the maximum travel distance from any opening to the farthest area of such concealed or closed-off space does not exceed 75 feet.
E. 
Every access opening shall have the same fire resistance rating as the wall/ceiling/floor assembly in which it is located.
[1]
Editor's Note: Former § 30-42, Windows in sleeping quarters, was repealed 4-18-2006 by L.L. No. 5-2006, effective 4-24-2006]
[1]
Editor's Note: Former § 30-43, Fire zones, was repealed 5-20-1993 by L.L. No. 12-1993, effective 5-25-1993.
Any person causing guard dogs to be harbored or kept on a premises shall cause notice of the presence of said guard dogs to be posted conspicuously on the premises. Said notice shall consist of reflective decals or placards in such form as shall be approved or supplied by the Chief Fire Marshal. Said decals or placards shall be placed in locations specified by the Division of Fire Prevention and shall not be considered signs under other chapters of the Code of the Town of Brookhaven. In addition, said person shall notify the Chief Fire Marshal and the local Fire Department having jurisdiction over his premises of the fact that guard dogs are present on the premises and shall give to said Chief Fire Marshal and local Fire Department the name and phone number of a person to be contacted in the event of an emergency during such times as no employees are present at the premises. When services of guard dogs are no longer required, the Chief Fire Marshal and the Fire Department affording protection shall be notified, and the placard shall be removed and, if supplied by the Division of Fire Prevention, shall be surrendered to said Division.
No person shall dump, spill or in any other fashion place or cause to be dumped, spilled or placed any flammable or combustible liquids on the ground or into sewers, drainage ditches or storm drains.
The use of razor wire, barbed wire, concertina wire or any other similar wire or device designed to injure persons coming in contact with the same shall be prohibited in or on any building or structure or portion thereof.