Chapter 25

FIRE PREVENTION

§ 25-1. Title, Enactment, Effective Date, Intent

§ 25-2. False alarms; Damaging equipment.

§ 25-3. Throwing combustible materials in hazardous areas.

§ 25-4. Prohibited burning.

§ 25-5. Fireworks.

§ 25-6. Defective containers; dynamite.

§ 25-7. Required fire-fighting equipment.

§ 25-8. Reeds, underbrush and flammable material.

§ 25-9. Wood - and coal-burning stoves; permit required.

§ 25-10. Interference with Fire Department prohibited.

§ 25-11. Tampering with fire hydrants prohibited.

§ 25-12. Flammable gas tanks

§ 25-13. Outdoor Cooking

§ 25-14. Fire Marshal

§ 25-15. Electrical Requirements

§ 25-16. Authorization to accept services of non-member volunteer firefighters

§ 25-17. Violations and Penalties

§ 25-18. Severability

[HISTORY: Adopted by the Board of Trustees of the Village of Saltaire on September 22, 1973. Amendments noted where applicable. Amended in its entirety on 12-8-2004 as Local Law No. 3, 2004]

§ 25-1. Title, Enactment, Effective Date, Intent. [Added 12-8-2004 by L.L. No. 3, 2004]

A. This Local Law shall be entitled “Local Law 3 of 2004 Amending Chapter 25, Fire Prevention, of the Saltaire Village Code.”

B. Pursuant to Section 10 of the Municipal Home Rule Law, the Executive Law, the General Municipal Law and the Village Law of the State of New York, the Incorporated Village of Saltaire, County of Suffolk and State of New York, hereby enacts by this Local Law 3 of 2004, a Local Law of the Village of Saltaire to amend Chapter 25 of the Village Code of the Village of Saltaire.

C. This Local Law shall take effect on the filing of the approved Local Law with the Secretary of State of New York, which shall be within twenty (20) days after its approval by the Board of Trustees of the Incorporated Village of Saltaire, except that Section 25-12 of Chapter 25 shall take effect on April 1, 2005 pursuant to Section 25-12 I. of the Local Law.

D. The purpose and intent of this Local Law is to amend and restate Chapter 25 of the Saltaire Village Code by amending and re-numbering

§ 25-2. False alarms; Damaging equipment

No person, either alone or in association with others, shall willfully give or cause to be given any false alarm of a fire or damage or cause to be damaged any fire alarm, firehouse or fire fighting equipment within the village.

§ 25-3. Throwing combustible materials in hazardous areas.

No person, either alone or in association with others, shall throw or drop lighted matches or other combustibles or lighted cigars, cigarettes or other burning substances or combustible materials on, under or along any walk or any other place within the village.

§ 25-4. Prohibited burning. [Amended 7-15-1983 by L.L. No. 6, 1983; 4-21-1990 by L.L. No. 6, 1990]

E. No person, either alone or in association with others, shall at any time set fire to or cause to be burned within the Village of Saltaire any brush, waste, wood, rubbish or other flammable material, except employees of the Village as part of their prescribed duties or by other persons as permitted in Paragraph B of this Section. No unauthorized person shall at any time use the Village incinerator.

F. No person, either alone or in association with others, shall at any time set fire to or cause to be burned within the village any fire, except in a properly constructed stove or fireplace within a building (installation of such stove or fireplace to be subject to inspection and authorization as provided for in this Chapter), or except as may be permitted by the Board of Trustees, or by the Fire Marshal or Chief or any acting Chief of the Saltaire Volunteer Fire Company Inc. (the “Fire Company”) upon notice to the Mayor or the Village Administrator, in accordance with the provisions of this Chapter.

§ 25-5. Fireworks.

Fireworks and firecrackers shall not be brought into, maintained, lighted or discharged at any time within the village, except as may be permitted by the Board of Trustees.

§ 25-6. Defective containers; explosives.

No person, either alone or in association with others, shall use and/or maintain any defective oil or gasoline stove or lamp or any other unsafe heating or lighting equipment of any kind or bring into or keep within the village any defective containers of explosive or flammable fluids. No person, either alone or in association with others, shall bring into, keep or store within the village any dynamite or other explosives without prior authorization, in writing, from the Board of Trustees.

§ 25-7. Required fire-fighting equipment. [Amended 7-15-1983 by L.L. No. 6, 1983; Amended 8-13-2005 by L.L. No. 2, 2005]

Every building within the village intended either for occupancy by an individual or for use as a public place of assembly, as defined in Section 25-13 of this Chapter, shall be equipped with:

A. A screen spark arrester in good repair for each chimney.

B. A fully charged, dry-chemical fire extinguisher of capacity as determined by the Board of Trustees, located in an accessible spot, free from blocking by storage and equipment, so that the top of said fire extinguisher is not more than five (5) feet above the floor, on each floor of such building; said extinguisher to be not more than twelve (12) years old from date of manufacture and to be labeled for use on A, B and C type fires.

C. A long-handled shovel at the front exterior of the premises.

D. At all times when the water supply is turned on, at least one hundred (100) feet of garden-type hose in good condition, equipped with pressure nozzle, connected to a water tap at the ground level exterior of the premises.

E. A working smoke detector on each floor, each such detector to be mounted in an accessible location not less than seven (7) feet nor more than (10) feet above the floor.

F. Such other equipment as may be authorized by rule or regulation adopted by the Board of Trustees.

§ 25-8. Reeds, underbrush and flammable material. [Amended 11-2-1985 by L.L. No. 2, 1985]

Reeds, underbrush and all other flammable materials and debris shall be kept clear from on or around the oceanfront dunes and from around all buildings and other structures within the village. The Board of Trustees, the Fire Marshal or the Fire Chief shall have the power to order the removal of such materials and debris at the expense of the owner and/or tenant or other user of such buildings and structures in the event of noncompliance with this Section.

§ 25-8. Wood- and coal-burning stoves; permit required. [Added 5-31-1980 as L.L. No. 2, 1980]

To ensure the safety of all village residents, no wood- or coal-burning stove shall hereafter be installed in any residential or other building without a building permit. No such stove hereafter or heretofore installed shall be used unless and until it has been inspected and certified by the Building Inspector to be in compliance with the applicable provisions of the New York State Building Code, as provided in Chapter 18, § 18‑10F, of the Village Code.

§ 25-10. Interference with Fire Department prohibited. [Added 4-21-1990 by L.L. No. 6, 1990]

No person, either alone or in association with others, shall at any time interfere with, obstruct or limit the work of the Fire Company or refuse to obey the execution of lawful orders by officers of the Fire Company or obstruct walks or other public places, so as to interfere with the operations of the Fire Company.

§ 25-11. Tampering with fire hydrants prohibited. [Added 4-21-1990 by L.L. No. 6, 1990]

No person, either alone or in association with others, shall open, draw water from or otherwise operate or interfere with the use of any fire hydrant unless authorized to do so by the Board of Trustees or the Chief of the Fire Company. The Board may impose reasonable fees in connection with any such authorization.

§ 25-12. Flammable gas tanks. [Added 2-27-2001 by L.L. No. 1, 2001; Amended 10-4-2003 by L.L. No. 4, 2003: Amended 8-13-2005 by L.L. No. 2, 2005]

It being the finding of the Board of Trustees that the improper use, maintenance or storage of containers of compressed propane and natural gas tanks in the village creates a clear and present risk to public health and safety, therefore:

A. It shall be unlawful for the owner, or a member of his family, guest, lessee, tenant, occupant or other user, of any real property in the Village of Saltaire to install, use, maintain or store on the owner’s property or any other place within the village any container of compressed propane, LPG or of compressed natural gas (Tank) rated to hold in excess of ten (10) pounds (rated by volume), except pursuant to a properly issued Flammable Gas Tank Permit.

B. No Flammable Gas Tank Permit shall be issued for a Tank rated to hold eighty (80) pounds or more that has not been installed by a person certified or licensed to do so by the appropriate authorities. Tanks rated to hold less than eighty (80) pounds shall be subject to any and all installation requirements in the State Fire Prevention Code and the National Fire Protection Association.

C. All Tanks shall at all times be maintained in a safe and proper working condition in accordance with the regulations established by the Village, the State Fire Prevention Code, and the applicable guidelines published by the National Fire Protection Association.

D. For Tanks rated to hold eighty (80) pounds or more, such Tanks shall be securely anchored to the exterior of a building or of an outbuilding thereof in conformity with Chapter 28, § 28-16 A (2), of the Village Code.

E. For Tanks rated to hold less than eighty (80) pounds, such Tanks shall be securely attached to the device to which they are providing fuel and, in addition, shall be securely anchored in a manner to prevent floatation in the event of a flood.

F. Except to the extent otherwise expressly provided for in this Chapter, no Tank shall, at any time, be used, maintained or stored:

1. inside a building, shed or any other enclosed structure; or

2. below or underneath or atop either a building, shed or other enclosed structure, or underneath a ground level deck of a building.

G. Except to the extent otherwise expressly provided for in this Chapter, Tanks shall not be used, maintained or stored above the ground level of a residential structure provided that tanks rated less than eighty (80) pounds may be located on decks that have direct exterior egress to the ground provided by a permanent staircase or ramp.

H. All Tanks rated less than eighty (80) pounds used or located on property, other than those located on a property owned by the Village or those used by and located on the property of a property owner who is a year-round resident of the village and who has received an Outdoor Cooking Permit-Season in accordance with Section 25-12C.2. of this Chapter, shall be removed from the village no later than November 30 of each year and may not be brought into the village until April 1 of the subsequent year. For purposes of Chapter 25, a “year-round resident” shall be a property owner or a member of the immediate family of such property owner who is actually domiciled and physically residing in the village on a year-round basis.

I. As a condition for the issuance of a Flammable Gas Tank Permit the property owner applying for such Permit, on behalf of himself, and his family, guests, lessees, tenants, occupants or other users of his property, shall (i) consent to an on-site safety inspection of such Tank by the Fire Marshal or other duly authorized representative of the Village, and (ii) allow such person physical access to make such safety inspection of the Tank and any device or building or structure to which it is attached, connected or stored at such times, with or without prior notice, as deemed appropriate by the person who is to conduct such inspection.

J. The Village may assess an annual fee for the issuance of a Flammable Gas Tank Permit, which fee shall be set from time to time by the Board of Trustees.

K. The Board of Trustees may adopt and impose such additional rules and regulations as it determines to be necessary to implement the provisions of this Section.

§ 25-13. Outdoor Cooking [Added 12-8-2004 by L.L. No. 3, 2004; Amended 8-13-2005 by L.L. No. 2, 2005]

It being the finding of the Board of Trustees that unregulated outdoor cooking in the village imposes a clear and present risk to the public health, safety and welfare of the village and its residents therefore:

A. Outdoor cooking (“barbecuing”) shall not be permitted in the Village of Saltaire except (i) by use of a propane gas powered grill or by use of any other heat source as approved by the Board of Trustees and (ii) if the owner of the property on which the outdoor cooking is to be conducted holds a valid Outdoor Cooking Permit (Summer, Season or Single Use) in accordance with this Section and Section 25‑13 of this Chapter.

B. The following conditions and requirements are applicable to obtaining and maintaining an Outdoor Cooking Permit (Summer or Season):

1. The grill, barbecue and/or heat source shall at all times be maintained in proper working order and shall fully comply with all requirements of the Village Code and any regulations issued pursuant thereto, as well as all applicable provisions of the State Fire Prevention Code.

2. Outdoor cooking shall be permitted only between the hours of 12:00 noon and 9:00 p.m.

3. The grill, barbecue or heat source when in use shall be attended at all times and located:

a. Subject to c. below, at least five (5) feet from the nearest combustible material, including, but not limited to any structure, tree or hanging limb that is not protected by fire retardant material, but excluding deck railing from this distance requirement.

b. not less than fifteen (15) feet from an inhabited structure on an adjoining property; and

c. upon a heat resistant platform or base extending at least one (1) foot in all directions from the heat source.

4. A fire extinguisher in proper working order (of the type set forth in Section 25-7B. of this Chapter) readily accessible from the grill or heat source and a working garden hose connected to a water tap which hose shall be located within ten (10) feet of the grill, barbecue or heat source.

5. A propane gas tank serving as the heat source shall be installed, used, maintained, stored and removed in compliance with Section 25-12 of this Chapter, excluding Subsection G of such Section with regard to the limitations on the location of the Tanks on decks, provided that there is direct e