The purpose of this Article is to provide an additional level of protection
from fire to life and property of the persons and occupancies within the Town
of Newburgh.
As used in this Article, unless the context or subject matter otherwise
requires, the following terms shall have the meanings indicated:
ASSEMBLY PREMISES
A building or structure in which the primary or intended occupancy
or use is the assembly of persons for amusement, athletic, civic, dining,
educational, entertainment, patriotic, political, recreational, religious,
social, sports or similar purposes.
BUSINESS PREMISES
A building or structure 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 or use. Newsstands, lunch
counters, barbershops, beauty parlors and similar service facilities are considered
as incidental occupancies or uses.
FIRE AREA
The floor area of a story of a building within exterior walls, party
walls, fire walls or any combination thereof.
FIRE HAZARD CLASSIFICATION
A classification of occupancy or use of a building based on the fire
load or danger of explosion therein.
FIRE LOAD
The combustible contents within a building during normal use.
FLOOR AREA
The sum of the gross horizontal areas of all the floors of a building
or buildings on a lot measured from the exterior faces of the exterior walls.
INDUSTRIAL PREMISES
A building or structure in which the primary or intended occupancy
or use is the manufacture 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.
INSTITUTIONAL PREMISES
A building or structure in which the primary or intended occupancy
or use is for persons domiciled or detained under supervision.
LODGER
A transient, temporary or permanent paying guest.
MERCANTILE PREMISES
A building or structure in which the primary or intended occupancy
or use is the display and sale to the public of goods, wares or merchandise.
OCCUPANCY
The use of a building, structure or premises.
OCCUPANCY CLASSIFICATION
A classification of buildings and structures into occupancy groups
based on the kind or nature of occupancy or use (as per the New York State
Uniform Fire Prevention and Building Code).
SENIOR CITIZEN HOUSING
Buildings and structures in which the primary intended occupancy
or use is for senior citizens, intended primarily for persons sixty-two (62)
years old or more, who are in good physical condition and do not require physical
assistance.
SPRINKLER SYSTEM
A system of piping and appurtenances designed and installed in accordance
with generally accepted standards so that heat from a fire will automatically
cause water to be discharged over the fire area to extinguish it and prevent
its further spread.
STORAGE PREMISES
A building or structure in which the primary or intended occupancy
or use is the storage of or shelter for goods, merchandise, products, vehicles
or animals.
Buildings, for the purposes of this Article, shall be classified into
the following occupancy classifications:
B1
|
Multiple Dwelling -- Permanent Occupancy
|
B2
|
Multiple Dwelling -- Transient Occupancy
|
B3
|
Multiple Dwelling -- Senior Citizens Housing
|
B4
|
Multiple Dwelling -- Adult Residential Care Facility
|
C1
|
Business Premises
|
C2
|
Mercantile Premises
|
C3
|
Industrial Premises
|
C4
|
Storage Premises
|
C5
|
Assembly Premises
|
C6
|
Institutional Premises
|
A. Multiple-Dwelling Occupancy Classifications. Multiple-Dwelling
Occupancy Classifications are based upon the permanent or transient character
of their occupancy groups and the number and physical condition of their occupants.
These classifications shall be in accordance with, but not limited to, the
following groups:
(1) B1 Multiple Dwelling -- Permanent Occupancy.
(a) Buildings containing one (1) or two (2) dwelling units,
with more than four (4) lodgers residing with a family in either one (1) or
both such dwelling units.
(b) Buildings containing three (3) or more dwelling units.
(c) Apartment houses and apartment hotels.
(2) B2 Multiple Dwelling -- Transient Occupancy.
(c) Buildings with sleeping accommodations for more than
five (5) persons used or occupied as a club, dormitory, fraternity or sorority
house or for similar uses.
(3) B3 Multiple Dwelling -- Senior Citizen Housing.
(4) B4 Multiple Dwelling -- Adult Residential Care Facility.
B. Business Premises Occupancy Classification. The Business
Premises Occupancy Classification includes, but is not limited to, the following
typical occupancies:
(1) Administrative buildings.
(5) Buildings for broadcasting and telecasting having a capacity
of not more than fifty (50) persons.
(6) Computer and data processing buildings.
(8) Indoor tennis courts designed for or intended to be used
by not more than fifty (50) persons, without seating for spectators.
(9) Laboratories, other than chemical.
(11) Library buildings having a capacity of not more than
fifty (50) persons.
(13) Outpatient clinics, ambulatory, without domiciliary facilities.
(15) School administration buildings without classrooms.
C. Mercantile Premises Occupancy Classification. The Mercantile
Premises Occupancy Classification includes, but is not limited to, the following
typical occupancies:
(3) Gasoline service stations without maintenance or repair
facilities.
(4) Markets and supermarkets.
(5) Stores, including paint stores, without bulk handling
facilities.
D. Industrial Premises Occupancy Classification.
(1) The Industrial Premises Occupancy Classification is subclassified
into the following fire hazard classifications:
(2) The Industrial Premises Occupancy Fire Hazard Subclassifications
include, but are not limited to, the following typical occupancies:
(a) C3.1 Low Hazard.
[3] Ceramic product manufacture.
[4] Dairy product processing.
[5] Dry-cleaning plants using nonflammable solvents.
[7] Electrolytic processing, excluding those that generate
flammable or toxic gases.
[8] Electronic assembly plants.
[10] Masonry product manufacturers.
[11] Metal-fabrication buildings.
[12] Metal-processing buildings.
(b) C3.2 Moderate Hazard.
[1] Aircraft maintenance and repair facilities.
[3] Chemical laboratories and manufacturers other than high
hazard.
[5] Dry-cleaning plants using flammable solvents.
[6] Metalworking shops requiring volatile or flammable liquids.
[7] Motor vehicle maintenance and repair shops.
[8] Paper mills and sawmills.
[9] Woodworking plants, excluding furniture manufacture.
(c) C3.3 High Hazard.
[1] Celluloid, pyroxylin and nitrocellulose products.
[2] Explosives and fireworks manufacturing and distributing.
[4] Gasoline plants and plants for flammable gas.
[5] Oil refineries and oil-cracking facilities.
[6] Paint and varnish manufacture.
[7] Rooms with high oxygen atmosphere, including hospital
operating rooms.
[9] Wood furniture manufacture.
E. Storage Premises Occupancy Classification.
(1) The Storage Premises Occupancy Classification is subclassified
into the following fire hazard classifications:
(2) The Storage Premises Occupancy Fire Hazard Subclassifications
include, but are not limited to, the following typical occupancies:
(a) C4.1 Low Hazard.
[1] Cold storage of food products.
[2] Firehouse without assembly space.
[3] Passenger car storage without maintenance or repair facilities.
[4] Storage of noncombustible materials.
(b) C4.2 Moderate Hazard.
[2] Firehouse with assembly space.
[5] Garage with maintenance or repair facilities.
[7] Lumber storage without facilities for producing chips
or dust.
[8] Paper or cardboard storage, tightly packed.
[9] Stables or barns within fire limits.
[10] Trucks or commercial garages.
[11] Warehouse and truck terminals.
(c) C4.3 High Hazard.
[1] Buildings wherein flammable chips or dust are produced.
[2] Gasoline bulk stations, including handling facilities.
[3] Storage of flammable medical gas or hydrogen.
[4] Wholesale chemical storage.
F. Assembly Premises Occupancy Classification.
(1) The Assembly Premises Occupancy Classification is subclassified
according to the number of persons the building can lawfully contain into
the following subclassifications:
(a) C5.1: not more than three hundred (300) persons.
(b) C5.2: more than three hundred (300) but not more than
one thousand (1,000) persons.
(c) C5.3: more than one thousand (1,000) persons.
(2) The above Assembly Premises Occupancy Classification
subclassifications, based on number of persons, include but are not limited
to the following typical occupancies:
(k) Dance halls and discotheques.
(l) Exhibition halls or buildings.
(o) Indoor tennis courts with seating for spectators.
(q) Libraries and broadcasting and telecasting stations having
a capacity of more than fifty (50) persons.
(w) Passenger stations and terminals of air, surface, underground
and marine public transportation facilities.
(x) Recreation centers, halls and piers.
(aa) Tents and similar shelters.
(3) The Assembly Premises Occupancy Classification also includes
the following subclassifications based on type of occupancy:
(b) C5.5 Schools, colleges and similar places of education.
G. Institutional Premises Occupancy Classification.
(1) The Institutional Premises Occupancy Classification is
subclassified according to the mobility of the building's occupants into
the following subclassifications:
(a) C6.1 Normal Movement. For persons whose movements are
not limited and who have a normal sense of perception.
(b) C6.2 Limited Movement. For persons whose movements are
limited because of illness, age or physical or mental handicap.
(c) C6.3 Detained or Confined. For all persons detained or
confined.
(2) The above Institutional Premises Occupancy Classification
mobility subclassifications include, but are not limited to, the following
typical occupancies:
(a) C6.1 Normal Movement.
[1] Day-care centers for children three (3) years of age
or over.
(b) C6.2 Limited Movement.
[1] Child-caring institutions with overnight sleeping facilities.
[2] Clinics with sleeping rooms.
[4] Day-care centers for children under three (3) years of
age.
[5] Health-related facilities.
(c) C6.3 Detained or Confined.
This Article shall apply to the following occupancy classifications:
Type
|
Applicability
|
---|
B1
|
All
|
B2
|
All
|
B3
|
All
|
B4
|
All
|
C1
|
Any building or structure of over 2,500 square feet of floor area
|
C2
|
All
|
C3
|
All
|
C4
|
All
|
C5
|
All
|
C6
|
All
|
No certificate of occupancy shall be issued by the Building Inspector
for occupancy or use of any building, structure or portion thereof required
to have an approved sprinkler system unless such system is installed, inspected,
tested and approved by the Town of Newburgh Fire Inspector in accordance with
the standards incorporated in this Article.
Notwithstanding the terms of this Article, sprinklers shall not be required
to be installed in spaces where the discharge of water would be hazardous.
In such places, other fire-extinguishing equipment approved by the New York
Board of Fire Underwriters, National Fire Protection Association or other
nationally recognized approval organization and by the Town of Newburgh Fire
Inspector shall be installed.
The provisions of §§
107-30 and
107-31 shall apply with full force and effect to violations of this Article.