All electrical appliances, fixtures, and wiring
shall be installed in accordance with the current edition of the National
Electrical Code (NFPA 70). All electrical appliances, fixtures, and
wiring shall be maintained so as not to be a fire hazard nor a source
of ignition for combustible or hazardous substances, materials or
devices.
Where smoking is considered a fire hazard, the
Chief of the Bureau of Fire Prevention, Fire Inspector or Assistant
or Deputy Fire Inspectors shall be authorized to order the owner in
writing to post "NO SMOKING" signs in conspicuous designated locations
where smoking is prohibited. In areas where smoking is permitted,
noncombustible ash trays shall be provided.
[Amended 6-21-2023 by L.L. No. 2-2023]
A. Definitions. The following terms used in this section shall be defined
as follows:
BONFIRE
An outdoor fire utilized for ceremonial purposes.
OPEN BURNING
The burning of materials wherein products of combustion are
emitted directly into the ambient air without passing through a stack
or chimney from an enclosed chamber. Open burning does not include
road flares, smudgepots and similar devices associated with safety
or occupational uses typically considered open flames, recreational
fires or use of portable outdoor fireplaces. For the purpose of this
definition, a chamber shall be regarded as enclosed when, during the
time combustion occurs, only apertures, ducts, stacks, flues or chimneys
necessary to provide combustion air and permit the escape of exhaust
gas are open.
PORTABLE OUTDOOR FIREPLACE
A portable, outdoor, solid-fuel-burning fireplace that may
be constructed of steel, concrete, clay or other noncombustible material.
A portable outdoor fireplace may be open in design, or may be equipped
with a small hearth opening and a short chimney or chimney opening
in the top.
RECREATIONAL FIRE
An outdoor fire burning materials other than rubbish where
the fuel being burned is not contained in an incinerator, outdoor
fireplace, portable outdoor fireplace, barbeque grill or barbeque
pit and has a total fuel area of three feet (914 mm) or less in diameter
and two feet (610 mm) or less in height for pleasure, religious, ceremonial,
cooking, warmth or similar purposes.
B. Bonfires, open burning, recreational fires and portable outdoor fireplaces.
Section 307 of the 2020 Fire Code of New York State, as amended, shall
apply.
C. Open flame cooking devices and other open flame devices. Section
308 of the 2020 Fire Code of New York State, as amended, shall apply.
Where the use of security gates is permitted,
such gates shall provide unobstructed view of at least 50% of the
door(s), window(s) or other building opening which is protected by
the security gate when the security gate is in place.
[Added 6-22-2005 by L.L. No. 4-2005]
A. No place of assembly shall be maintained, operated,
or used as such without a certificate of compliance.
[Amended 5-19-2021 by L.L. No. 2-2021]
B. "Place of assembly" shall mean any building, room
or space used for assembly or gathering for recreation, political,
religious, social, amusement or entertainment purpose. "Place of assembly"
occupancies shall include, but shall not be limited to, live performance
and motion-picture theaters, meeting halls, auditoriums, exhibition
halls, museums, skating rinks, gymnasiums, bowling alleys, poolrooms,
restaurants, licensed premises dispensing alcoholic beverages, churches,
dance halls and club rooms.
C. Posting of maximum occupancy. The maximum number of
occupants permitted within assembly spaces shall be established by
the Code Enforcement Official, and a sign setting forth such maximum
number shall be conspicuously posted in each space and shall not be
exceeded. Posting of the occupancy limit sign shall be deemed notice
to the owner, manager or person in charge and shall be deemed an order
to comply. Violation of the occupancy requirements is a violation
of this chapter and punishable pursuant to the provisions of this
chapter.
D. Overcrowding. It is the responsibility of the owner,
manager or person in charge to assure that the occupant load does
not exceed the number established by the Code Enforcement Official;
and he shall not permit overcrowding or admittance of any person beyond
the approved number of occupants of any place of assembly nor permit,
allow or suffer the total number of persons at any one time to be
in such a number so as to constitute a threat or danger to the public
health, safety or welfare.
E. The Fire Inspector or any Assistant or Deputy Fire
Inspector, Building Inspector, Assistant Building Inspector, or police
officer, upon finding overcrowding conditions, shall cause the premises
to be brought into compliance with the occupancy limit, and shall
stop any function, performance, spectacle or entertainment until such
condition is corrected.
F. In attempting to bring a premises into occupancy compliance,
any person refusing to leave a premises or comply with the order or
direction of the person in charge or Fire Inspector, Assistant Fire
Inspector, Building Inspector, Assistant Building Inspector or a police
officer, as the case may be, shall be in violation of this chapter.