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HomeMy WebLinkAboutLL-1980 #03(Please Use this Form for Filing your Local Law with the Secretary of State) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. ~i~ Southold Town Lo~a~ L~ ~o .......................... ~. .............................. or ~h~ y~ ~ A local law p. rovidin~ for the enactment of a Fire Prevention Code for ihe .... Town of Southold. Be it enacted by the T .o.(.~ ..~.~d of the ~a~ of ............................................... .S...°.~.t..h...°.!! ................................................ ~ ........................................ as ~o~o,~s: Town The Code of the Town of Southold is hereby amended by adding a new Chapter thereto, to be Chapter 45, to reas as follows: ARTICLE I Sec. 45-100 General Provisions TITLE This chapter shall be known and may be cited as the Southold Town Fire Prevention Code, hereinafter referred to as this Code or the Code. §45-101 PURPOSE The purpose of this Code is to establish reasonable rules and regula- tions to safeguard life and property from the hazards of fire, explosion, or release of toxic gases arising from the storag6, handling, or rise of hazardous substances, materials or devices. §45-102 APPLICABILITY This Code shall apply to a- Property; b-Materials; and e-Fire safety Practice §45-103 §45-104 MA INTENANCE Property and materials subject to this Code shall be maintained in a safe condition, in conformity with the provisions of this Code. DANGEROUS OR UNSAFE BUILDINGS OR STRUCTURES (1) A building or structure which is in imminent danger to life and safety as a result of a fire or explosion shall be made safe and secure or demolished and removed by the owner thereof. (2) The occupants of any such building or structure shall vacate the premises forthwith. No person shall use or occupy such building or structure until it is made safe and secure. (3) Except for the owner, no person shall enter premises which have been ordered vacated unless authorized to perform inspections, repairs or to demolish and remove such building or structure. §45-105 GENERALLY ACCEPTt~D STANDARDS The applicable provisions of the generally accepted standards listed in Article VI hereof shall constitute the standards for safe or appropriate practice which is required by the provisions of this Code to which they are referenced. §45-t06 SEVERABILtTY If a term. part, provision, section, subdivision, or paragraph of this Code shall be adjudged unconstitutional, invalid or ineffective, in ~whole or in part, such determination shall not be ~eemed to affect, impair, or invalidate the remainder of the terms, parts, provis~ions, sections, subdivisions, or paragraphs. ~45-107 DEFINITIONS appropriate. Especially suitable or compatible under conditions of use. building. A structure wholly or partially enclosed within exterior walls, or within exterior and party walls, and a roof, affording shelter to persons, animals, or property. See definition of structure. combustible. Material or combination of materials which is not non- combustible. See definition of noncombustible. corridor. Passageway or hallway which provides a common way of travel to an exit or to another passageway leading to an exit. exit. That portion of the way of departure from the interior of a building or structure to the exterior at street, or grade level accessible to a street, consisting of: a-corridors, stairways and lobbies enclosed in construction having a fire-resistance rating, including the door opening thereto from a habitable, public or occupied space; or b-an interior stairway; or c-a horizontal exit; or d-a door to the exterior at grade; or e-an exterior stairway, or ramp. fire alarm system. An installation of equipment for sounding a fire alarm. fire load. The combustible contents within a building during normal use. fire protection equipment. Apparatus, assemblies or systems either portable or fixed, for use to prevent, detect, control or extinguish fire. fire- and smoke-detecting system. An installation of equipment which automatically actuates a fire alarm when the detecting element is ex- posed to fire, smoke or abnormal rise in temperature. flammable. Capable of igniting within 5 seconds when exposed to flame, o and continuing to burn. generally accepted standard. A specification, code, rule, guide or procedure in the field of fire prevention or related thereto; recognized and accepted as authoritative. means of egress. An exit. noncombustible. Material or combination of materials which will not ignite, support combustion, or liberate flammable gas when subjected to fire when tested in accordance with generally accepted standards. premises. A lot, plot or parcel of land including the buildings or structures thereon. shaft. A vertical opening or enclosed space extending through two or more floors of a building or through a floor and roof. smoke-detectors. Devices ~vhich are activgted by smoke or products of combustion. sprinkler system. A system of piping and appurtenances designed and installed so that heat from a fire will automatically cause water to be discharged over the fire area to extinguish i% or prevent its further spread. standpipe system. An installation of piping and appurtenances., whereby all parts of a building can be quickly reached with an effective stream of water. -3- structure, An assembly of materials forming a construc-~on framed of component structural parts for occupancy or use including buildings. ~'h~, volatile. Capable of emitting flammable vapor at a temperature below ~'~°/ Fahrenheit (2g. 9 ° Celsius). §45-200 ARTICLE II Property PROPERTY CLASSIFICATION (1) The provisions of this section shall establish and control the classifi- cation of property with respect to use, including mixed occupancy. (2) Property to which this Code is applicable shall be classified with respect to occupancy or use. The classification shall be in accordance with the following groups: Group A1 - PREMISES OF ONE AND TWO FAMILY DWELLINGS Group A2 - PREMISES OF MOBILE HOMES AND PARKS Group Ag - PREMISES OF RECREATIONAL VEHICLES AND PARK[ Group BI - MULTIPLE DWELLINGS Buildings containing one or two dwelling units with more than four lodgers residing with a family in either one of such dwelling units; Building containing three or more dwelling units; Apartment houses and apartment hotels; Hotels~ J Lodging houses; Building with sleeping accommodations 'for more than five persons used or occupied as a club, dormitory, frater- nity or sorority-house, or for similar uses; Garden apartments; Motels.. Group B2 - MULTIPLE DWELLINGS Old age and nursing homes other than group B3 occupancy. Group B3 - MULTIPLE DWELLINGS Buildings for senior citizens, intended primarily for persons 62 years old or more, who are in good physical condition and do not require physical assistance. Group C1 - BUSINESS Buildings in which the primary or intended occupancy or use is the transaction of administrative, business, civic or profes~sional service. This gro~p ir!cludes bul is not limited lo the foiio~ving: Administration buildings Banks Clinic s Libraries Offices and office buildings Professional buildings Group C2 - MERCANTILE Buildings in which the primary or intended occupancy or use is the display and sale of public goods, wares, and merchandise. This group includes but is not limited to the following: Display rooms- Markets and supermarkets Sales rooms and show rooms Stores and shops Group C3A - INDUSTRIAL Buildings which may be frequented by the public in which the primary or intended occupancy or use is repairing, cleaning, laundering, baking and similar operations. This group includes but is not limited to the following: Bakeries Dry cleaning plants Laundries Motor vehicle repair shops Motor vehicle service stations Group C3B - INDUSTRIAL Buildings in which hazardous materials are manufactured, processed, stored, handled or used. Such material shall include products with the following characteristics: Burn with extreme rapidity; Produce dust subject to explosion or spontaneous c ombu stion; Produce poisonous fumes or gases;, or Explode Group C4 - STORAGE Buildings which may be frequented by the public in which the primary or intended occupancy or use is the storage of goods, merchandise, products and vehicles. -5- .~ group includes Aircraft hangars Cold storage Fur storage Furniture warehouse Lumber yards Open parking structures Passenger vehicle and truck storage Stables Truck terminals Group C5 - ASSEMBLY Buildings in which the primary or intended occupancy or use is the assembt~ for amusement, athletic, dining, educational, entertainment, recreational, religious, social, sports, and similar purposes. This group includes but. is not limited to the following: Airports and heliports Amusement parks Armories Art galleries Assembly halls Auditoriums Bowling alleys. Churches, synagogues and similar places or worship Club rooms Coliseums and stadiums Dance halls Discotheques Exhibition halls Grandstands Gymnasiums Indoor tennis courts with seating for spectators Lecture halls Lodge rooms Marine public t~ansportation facilities Museums Night clubs Railroad and bus stations Recreation centers Restaurants Schools, colleges and simalar places of education Skating rinks Theaters Group C6 - INSTITUTIONAL Buildings in which the primary or intended use is for per- sons domiciled or detained under supervision. -6- §45-201 §45-202 Child care instiiutions and centers Detention homes Hospitals and health care facilities Houses of correction Infirmaries Jails Menial hospitals Penitentiaries Prisons Reformatories Sanitariums Group C7 - MISCELLANEOUS Property in which theprimary or intended occupancy or use is not included in the groups listed above. This group includes but is not limited to the fotlo~ving: Cooling towers Dockside vessels serving as buildings Free-standing chimneys Junk yards Marinas and boatyards Outdoor general storage Piers and wharves Tank s Temporary buildings Tents and air-supported structures Wrecking yards FIRE DEPARTMENT AND EMERGENCY SERVICE ACCESS A. General Requirements Buildings, structures and property shall be provided with unobstructed access for fire fighting and emergency service personnel, apparatus and equipment. B. Accessibility (1) Premises which are not readily accessible from public roads and which the fire department or an emergency service may be called upon to protect in case of fire, shall be provided with access roads or fire lanes so that all buildings on the premises are accessible to the fire department and emer- gency service apparatus. (2) Access roads and fire lands shall be adequately maintained and kepi free and clear of obstructions at all times. MEANS OF EGRESS A. General Requirements Property subject to the applicability of this Code shall be provided with safe means of egress. (i) Exits shall be maintained to provide free and unobstructed egress fro~r~ ~ all parts of the building or structure when it is occupied. No barrier, io~' or fastening to prevent free escape from any bulldtng or structure shall be installed except in institutions where supervisory personnel are constantly on duty and effective provisions are made to remove occupants in case of fire or other emergency. (2) Materials shall not be placed, stored, or kept in stairways or corridors so as to obstr~uct or interfere with egress of persons from %he building or structure. (3) No aisle or passageway shall be obstructed So as to reduce its required width as an exit. C. Exit Lighting and Exit Signs for Other than Group A Occupancy Classificatio~ §45-203 (1) Interior and exterior exits shall be adequately lighted at all times when a building or structure is occupied. (2) Exist signs shall be maintained in a clean and legible condition unobstruct= ed by decorations, furnishings or equipment and illuminated at all times when the building or structure is occupied. (3) Directional signs shall be provided at locations in the public hall, passage- way or corridor from which the exit doorway is not readily discernable. D. Elevator Warning Signs In buildings provided with elevators, warning signs shall be provided and located at elevator landings advising occupants to use stairways during a fire emergency. E. Openings in Fire Walls and Fire Separations Doors and opening protectives in fire walls and fire separations shall be maintained in good working order including all hardware necessary for proper operation. He~t actuated self-closing devices shall be prohibited for exit doors. The use of door stops, wedges, or other non-automatic hold-open devices is prohibited for openings in fire walls and fire separations. F. Exterior Egress (1) Exterior stairways, balconies, fire escapes or ladders shalt~be free of obstructions. (2) Fire escapes shall be maintained free of rust. Exterior stairways, fire escapes and access to open space shall be maintained free of ice and sno%¥. (3) Portable ladders or window escape ladders shall not be permitted for use as a required exterior means of egress. EQUIPMENT AND SYSTElk4S A. General Requirements (1) Heating, electrical, ventilating, air conditioning, refrigerating, fire protection, elevators, escalators or other equipment and systems for use in structures and buildings shall be maintained so thai under normal con- citions of use such equipment and systems will not be a potential danger to the safety of occupants or ~ source of ignition. -8- ,,zj EoL~.e~. en~ and systems shaR be eapabie of ,^ ~-~,~'- satisfactorily ~'i%hou~ bein~ forced ~e epera,~e be}~ond %heir s~e capaci~}:~ B. Fuel Gas Systems (1) Fuel gas piping systems shall be maintained gastight, safe, and oper- ative under conditions of use. (2) Gas piping systems shall have at least one accessible manual valve for shutting off all gas supply. (3) An easily accessible shutoff valve, or cock, shall be provided in the piping in close proximity to, and ahead of every gas appliance, or outlet for a gas connection. (4) Spaces in which gas meters are located shall be maintained accessible, ventilated and dry. (5) Connections to the fuel gas piping systems shall be made so as to pre- vent gas leaks. C. Liquefied Petroleum Gas Containers and Tanks (1) Liquefied petroleum gas in liquid form shall not be stored in buildings in containers exceeding one pound (0.45 Kilogram) water capacity Maximum storage in any building shall not exceed two pounds (0.91 Kilogram) water capacity, except where displayed for sale, in which case maximum storage shall not exceed ten pounds (4.50 Kilograms) water capacity. (2) Liquefied petroleum gas shall not be vaporized by devices utilizing open flame or open electrical coil, except in buildings used exclusively for the manufacture or distribution of gas. (3) Where two or more containers are installed, connection shall be arranged so that containers can be replaced without shutting off the flow of gas to equipment. (4) Containers shall be protected against physical damage, and located so as not be be a hazard to the premises served. Containers shall rest on noncombustible supports. (5) Liquefied petroleum gases shall be odorized, so that the presence of gas will be recognizable by a distinctive odor. (6) Safety devices shall be provided to relieve excessive pressure to ~he outer air, at a safe distance from building openings. (7) Systems supplied from containers not exceeding 125 gallo~s (473 liters) of water capacity shall have at least one accessible valve for shutting off the gas. Such valve shall be located outside the building. (8) Systems supplied from containers exceeding 125 gallons (473 liters) of water capacity shall have at least two accessible valves for shutting off the main gas supply. (9) Gas service entrance shall be above ground, and shall be protected from damage by settlement or corrosion. Exposed exterior wall openings located below and within 3 feet (0.91 meter) horizontal distance of gas service entrance shall be made gastight. (10) Loose or piled combustible material and weeds and long dry grass shall not be permitted within 10 feet (3.10 meters) of any container. (11) Suitable means shall be used to prevent the accumulation or flow of flammable liquids under adjacent liquefied petroleum gas containers such as by dikes, diversons curbs or grading. D~ ~uei Oil Sys-~e~s (1) General Requirements Fuel oil shall be stored and conveyed by means of fixed liquid-tight equipment. (2) Storage Tanks a. Storage tanks above ground shall rest on supports that are maintained in a structurally sound condition. b. Storage tanks located in areas subject to traffic shall be protected against vehicle damage. c. Storage tanks inside buildings shall not be in a damaged or leaking condition. (3) Piping a. Means for shutting off fuel oil flow shall be accessible and maintained in sa~e operating condition. b. Filling, emptying and venting of tanks shall be by means of fixed piping. (4) Oil Burning Equipment There shall be no obstructions to oil burning equipment for the purpose of cleaning heating surfaces, removing burners, replacing motors, controls, air filters, draft regulators and other working parts and for adj~Jsting, cleaning and lubricating parts requiring such attention. E. Prohibited Fuel Gasoline shall be prohibited as fuel for heating and cooking, except for camping and outdoor use. F. Heating Systems (1) General Requirements a. Heating equipment for buildings and structures shall be maintained so as to be safe to persons and property. b. Use of any stove, oven, furnace, incinerator, boiler or any other heat producing device or appliance found to be defective or ~Thich creates an immediate fire hazard or imperil~ occupants shall be prohibited. (2) Prohibited Locations for Heat Producing Equipment a. Fuel-burning heat producting equipment shall not be locate~ in exits. b. Heating equipment burning solid or liquid fuel shall not be located in spaces used as classrooms, dormitories or places of assembly~ (3) Air Supply Spaces containing fuel-burning equipment shall be provided with air supply for combustion and for ventilation of the enclosure. (4) Safety Devices Safety devices on heat producting equipment and pressure vessels shall not bt rendered inoperable and shall be maintained in safe operating condition. G. Chimneys, Flues and Gas Vents (1) Chimneys, smokestacks, flues, gas vents, smoke pipes and connectors shall be maintained so as~ not to create a fire hazard. (2) ~R~[asonry shim_heys which are cracked and which permit smoke or gases to be discharged into the building, shall be made safe. (3) Metal chimney or vent connectors which leak or are improperty supported shall be repaired or replaced, (4) An incinerator or a chimney which emits s-parks shall be provided with a spark attester of noncombustible construction. Spark arresters shall have sufficient total clear area to per'nit unrestricied passage of flue gases. Openings in spark arresterS shall be of such size so as to prevent passage of embers and To minimize clogging by soot. H. Incinerators and Compactors (1) Service openings for incinerators and compactors shall be in a safe and operable condition to prevent the passage of smoke, flame or gases into the building space. (2) Incinerator and compactor rooms shall be secured to prevent tampering by unauthorized persons. (3) Incinerator ash compartments shall be maintained clean. (4) Discharge of lighted, highly flammable, highly combustible or explosive 'materials into incinerator or compactor chutes is prohibited. (5) Durable signs, with plainly legible letters, shall be conspicuously posted at service openings of incinerators and compactors stating: THROWING LIGHTED MATCHES, CIGARS OR CIGARETTES, CARPET SWEEPINGS, NAPTHALENE, CAMPHOR BALLS OR FLAKES, FLOOR SCRAPINGS, OIL SOAKED RAGS, PAINT CANS, AEROSOL CONTAINERS OR ANY OTHER HIGHLY FLAMMABLE OR HIGHLY COMBUSTIBLE OR EXPLOSIVE SUBSTANCE INTO INCINERATOR OR COMPACTOR CIi-UTES IS UNLAWFUL AND SUBJECTS THE OFFENDER TO A PENALTY. I. Electrical Systems (1) Electrical wiring and equipment shall not be a fire hazard or a source of ignilion for combustible or hazardous substances, materials or devices. (2) Electrical wiring and equipment shall be .maintained so as to be firmly secured to the surface on which it is mounted. (3) Overcurrent protection devices shall be maintained in safe operating condition, shall not be locked or fastened in the "on" position and shall be accessible. (4) Grounding of electrical wiring and equipment shall be maintained to provide protection against hazard. (5) Flexible cord shall not be run through holes in walls, ceilings or floors; or run through doorxvays, windows or similar openings; or attached to building surfaces; or concealed behind building walls or above ceilings or under floors or floor coverings. (6) Wiring systems shall be deemed to be a fire hazard under the following condition s: a. A switch or receptacle face plate feels unusually warm or there is a burning odor in their immediate vicinity; or b. There is a flickering of lights which is not :traceable to appliances or obvious external causes. J. Commercial Cooking Equipment (1) Exhaust systems provided for commercial cooking equipment shall be maintained in safe operating condition. be maintained clean and free of grease and ~eposi~s o2 res±dues. (3) Fixed fire extinguishing systems for range hoods including eompone~ parts shall be maintained in proper operating condition Manufacturer,~ instructions for manually operating the system shall be posted conspicuouk~,~ in the kitchen. (4) Fire dampers shall be maintained so as to be operable. K. Fire Protection Equipment (1) Water Supply a. Water service for sprinkler, standpipe, and yard hydrant systems shall provide at all times a supply of water in sufficient volume for such systems to function satisfactorily. b. Water supply tanks shall be maintained watertight, verminproof, rodent- proof, resistant to corrosion and protected against freezing. c. Tanks and their supports shall not be used to support equipment or structures other than for tank use, except where specially designed for such other use. d. tVieans for emptying water supply tanks shall be maintained in proper working condition. e. Water supply tanks for standpipe and sprinkler systems shall be maintained to furnish water in sufficient quantity and pressure for such systems. - f. Fire department connections shall be conspicuously identified, main- tained readily accessible for fire department use and adapted to fit the equipment of the fire department. (2) Sprinkler Systems a. Sprinkler systems shall be maintained in operative condition, free from mechanical injury, structural failure, water failure, or obstructions. Sprinklers shall be maintained clear and free from corrosion, paint, white- wash and other coatings which impair their operation. b. Valves controlling water supply to sprinklers shall be secured in the open position. c. Supports for piping and equipment shall be structurally sound. c. Portions of the system subject to freezing shall be appropriately pro- tected. ~' e. Storage of materials shall not interfere with the effective discharge of water from the sprinklers. f. Connections to sprinkler systems for other than fire protection shall be prohibited. (3) Standpipe Systems a. Valves shall be maintained tight against leaks. b. I-Iose shall be properly stored, ready for operation, dry, and free of deterioration. c. Hose stations shall be conspicuously identified, located for easy accessibility, and installed to provide for the quick and easy use of equipment. Hose station cabinets shall have keyless doors. d. Valves in the water supply pipe for the standpipe system other than hose station valves shall be open at all times. (4) Yard Hydrant Systems a. Yard hydrant systems shall provide an ample supply of water to hydrants. b. Connection to fire hydrants for other than fire protection purposes shall be prohibited unless authc~rized by the authority having jurisdiction. c. Outside hose shall be stored to be readily accessible and protected fr~-~ the weather. -12- {6} Portable Fire ~×tiz~.suishers a~ Portable fire exzing'uishers shall be appropriate as to type.~ size ~ad location, shall be in their designated location and clearly ~isible except that they may be located in an enclosure or recess conspicuously identi- fied as containing a fire extinguisher. b. Portable fire exiinguishers shall be maintained in operating con- dition. (6) Fire Alarm Systems a. Fire alarm systems shall be maintained in operating condition. b. Fire alarm boxes shall not be obstructed and shall be in full view at all times. c. Manufacturer's instructions for use of fire alarm boxes shall be con- spicuously posted in the immediate vicinity of each alarm box, d. Unless directly connected, to a central station alarm ser~dce, municipal alarm system or local manned fire alarm dispatch station, a clearly legible sign shall be posted above each box stating: "LOCAL ALAR]VI ONLY - NOT CONNECTED TO FIRE DEPARTMENT - CALL FIRE DEPARTMENT BY TELEPHONE." (7) Fire and Smoke Detectors Fire detectors, smoke detectors, ionization detectors, flame detectors and heat detectors shall be maintained in operating condition. (8) Foam and Chemical Fire Extinguishing Systems Foam and chemical fire extinguishing systems shall be appropriate for their intended use and shall be maintained in safe operating condition. L. Elevator Equipment (1) Elevator hoistways and pits shall be maintained free of rubbish or other debris. (2) Elevator machine rooms shall be maintained free of oil ~nd grease, including oily and greasy clothes, rags, and other combustible materials, and shall not be used for storage of articles or materials unne'ccessary for maintenance of equipment. Flammable liquids shall not be kept in machine rooms. M. Hostways and Shafts Exterior access openings to above-grade hoistways and shafts shall be clearly and permanently marked to indicate that such access opens on a hoistway or shaft. N. Combustible Cooling Towers Access to combustible cooling towers shall not be obstructed for fire fighting. O. Swimming Pools (1) Swimming pool disinfection and auxiliary equipment using materials capable of giving off irritating, toxic, or flammable fumes, shall be maintained in safe operating condition. Such materials shall be stored in a dry, ventilated area. (2) Buildings or rooms Used for storage of chlorine gas shall be labelled with a clearly legible and~conspicuous sign stating: "DANGER-NO-SMOKING - CHLORINE GAS STORAGE." -13- §45-204 Volatile, flammable liquids and substances which will produce explosive mixtures shall notbe discharged into sewage and storm drainage syste~ Q. Commercial Ovens Controls for ventilation, fuel, temperature and conveyors shall be main- tained in safe operating condition. SPECIAL PROPERTY USES OR CONDITIONS A. General Requirements (1) This section provides re. gulations for public safety from the hazards of fire which may result from special property uses or conditions. (2) These regulations apply in addition to other applicable regulations of this Ar.licle. B.- Places of Assembly (1) The maximum number of occupants permitted within places of assembly shall be established by the authority having jurisdiction and shall be con- spicuously posted in each such space, and shall not be exceeded. (2) No decorative material shall be used which, as applied, will ignite and allo~v flame to spread ever the surface or will allow burning particles to drop. (3) Screens for projection of pictures shall be of noncombustible materials or materials treated to be fire resistant. (4) No apparatus in which combustible or flammable fluid is used in the preparation of foods, refreshments or other materials shall be permitted in a lobby, foyer or auditorium of a place of assembly. C. Service Stations and Garages (1) Storage and Handling of Motor Vehicle Fuel a. Motor vehicle fuel storage shall not be permitted within a service station or garage containing a pit, basement or depressed area, unless adequate ventilation is provided to prevent the accumulation of flammable vapors. b. Handling of motor vehicle fuel in open containers is prohibited. c. Portable containers for motor vehicle fuel shall be made of metal or suitable unbreakable material. Such containers shall have a spring or screw type cover with a spout or other design to prevent spilling when poured. (2) Dispensing of Motor Vehicle Fuel a. Dispensers shall be maintained to prevent leakage or accidental dis- charge. b. Remote master control devices, to shut off all pumps in the event of an emergency, shall be accessible and properly identified as pump shut- off controls. c. Dispenser hoses shall be of a type with automatic self-closing nozzles. d. Impact valves, which close automatically in the event of fire or severe impact, shall be maintained in safe operating condition. e. Fuel shall not be dispensed unless the motors of vehicles receiving fuel are shut off. -14- ~. Port.Me f~re extinguishers of &n &ppropPi&{e {%pe sh~ be prodded at ser%4ce stations and garages dispens~g moior vehicle fuel. D. Abandonment or Removal of Underground Tanks (1) Underground tanks rendered out of service shall be made safe by capping the fill line, gage opening and pump 'suction, and securing against tampering. (2) Underground tanks abandoned in place shall be made safe by removing flammable or combustible liquid from the tank and conneeting lines, dis- connecting the suction inlet, gage, and vent lines, filling the tank completely with an inert, solid material, and capping the remaining underground piping. (3) Underground tanks removed from their location shall be made safe by removing flammable or combustible liquids from the tank and connecting lines, disconnecting the suction, inlet, gage, and vent lines, removing sections of connecting lines not to be used further, and capping or plugging inlets, outlets, and leaks, if any. (4) Underground tanks disposed of as junk shall be rendered free of hazardous vapors. (5) Underground tanks which has been removed shall not be reinstalled until the tank has been appropriately cleaned, repaired if neeessary, tested and made corrosion resistant. E. Dry Cleaning Plants (1) General Requirements a. This section shall apply to dry cleaning plants, including coin-operated self-service establishments, using solvents classified as nonflammable. b. Dry cleaning plans using combustible or flammable liquids in quantities exceeding 4 gallons (15.1 liters) shall comply with applicable provisions of Article III. (2) Ventilation Exhaust systems shall be maintained so as to adequately limit solvent vapor concentration within the plant. (3) Pumps and Piping Pumps, pipes, valves, fittings, and solvent handling equipment shall be maintained free from leaks. (4) Spotting Operations Flammable or combustible liquids 'used for spotting operations shall be in safety cans of not more than one gallon capacity with an aggregate amount not exceeding 4 gallons (15. I liters). Flammable or combustible liquids shall be prohibited in coin-operated self-service establishments. F. Bowling Establishments (1) Lane resurfacing operations shall be carried on in a safe manner and shall not be carried on while the establishment is open for business. During such operations, proper ventilation' shall be provided; heating, ventilating, or cooling systems employing recirculation of air shall not be operated; electric motors or other equipment which might be a source of ignition shall be shut down; and smoking shall be prohibited. -15- shall be conducted in a room designed for this type of operation and under conditions conforming with the requirements of paragraph a of this section./-~ (3) Power tools used in connection with resurfacing or refinishing operati~ shall be effectively grounded, or of a dout~le-insulated type. Safety receptacke~ shall be used for storing and disposing of dust and other residual matter from the operations of lathes, sanding and buffing machines. (4) Flammable or combustible liquids for use in resurfacing or refinishing operations shall be appropriately stored and shall not exceed 60 gallons (227 liters) of storage either in original metal containers, or in individual 5 gallon (18.9 liters) maximum capacity safety containers. G. Lumber Yards (1) Lumber shall be stored in p~Ies which are neat, stable and appropriately spaced. (2) Driveways between and around lumber piles shall be wide enough to accommodate apparalus of fire department rendering service and shall be maintained free from accumulations of rubbish, equipment and other articles or materials. H. Tents and Air-Supported Structures (1) Tents and air-supported structures including decorative materials shall be of flame resistive materials or materials treated to be fire resistant. (2) Operating pressure shall be maintained at the appropriate level to assure structural stability and to avoid excessive distortion during high wind or snow loads. (3) Doors shall not be left open under any condition' during high winds. Use of doors in air-supported structures shall be controlled to avoid excessive air loss. (4) Hay, Stray;, shavings or similar combustible materials shall be prohibited within any tent or air-supported structure used for assembly other than that necessary for the daily feeding and care of animals. Sawdust and shavings may be used for a public performance or exhibit when kept damp. C6mbustible materials shall not be permitted under stands or seats at any time. The area within and adjacent to the tent or air-supported structure shall be maintained clear of flammable material or vegetation which may constitute a fire hazard. (5) Open-flame devices shall not be allowed inside or within 20 feet (6. l0 meters) of the tent or air-supported structure. I. Tire Rebuilding Plants (1) Dust collecting equipment for buffing operations shall be maintained-in safe operating condition. (2) Adequate ventilation shall be maintained in rooms where rubber cement is used or mixed or where flammable or combustible solvents are applied. J. Vehicle Wrecking Yards, Junk Yards, and Waste Material Handling Plants (1) Access for fire department equipment to yard areas, including areas where stripped vehicles bodies are stored, shall be unobstructed. (2) Where permitted, burning of wrecked or discarded vehicles, or any parts thereof, or junk, or any waste material shall be performed in a safe manner. (3) In waste material picking rooms the exhaust system for removal of dust and lint shall be maintained in proper operating condition. (4) Fuel tanks in junked vehicles shall be drained and fuel shall be siored in containers corL~orming to section 45-20~C(1)c. K. Airports, H~liports and Helistops (1) Repairing of aircraft requiring the use of open flames, spark pro- ducing devices or the heating of parts shall be done in a safe manner. (2) Landing areas on structures shall be maintained so as to confine any flammable liquid spillage to the landing area only and provision shall be made to drain such spillage away from exitways servicing the landing area or from structures housing such exitways. ($) Refueling aircraft shall not be permitted on the rooftop of any strncture. L. Piers, Wharves and l~4arine Terminals (1) Covers for nozzle openings in the pier de~k for substructure fire protection shall be accessible and easily removeable. (2) Combustible pier members shall be kept free of excessive oil accumul- ation. (3) Trusses, girders and other structural members shall be maintained free of flammable dust. M. Marinas and Boatyards Berthing and repairing, painting and paint removal, welding, brazing, soldering and cutting, fuel handling and boat storing shall be performed in a manner which minimizes the hazards of fire. N. General Outdoor Storage (1) Access to all portions of the storage area by fire department equipment shall be unobstructed. (2) tt shall be prohibited to use salamanders, braziers, portable heaters or open fires in the area of stored combustible material. O. Gases in ]Balloons Flammable, oxidizing, toxic, corrosive, or reactive gases shall not be used to inflate balloons of any size or type. For this purpose, air, and inert gases lighter than air, are acceptable. . §45-300 ARTICLE III Materials PREVENTION OF FIRE SPREAD (1) This Article is applicable to the prevention of fire spread resulting from fire, explosion or release of toxic gases arising from the storage, handling or use of combustible or hazardous substances, materials or devices, to provide for public safety and the protection of property therein and there-about. -17- §45-301 (2) Such material includes products with -the foiiowtng characteris~lcs: Burn with extreme rapidity; Produce dust subject to explosion or spontaneous combustion; Produce poisonous fumes or gases; or Explode FLAMMABLE AND COMBUSTIBLE LIQUIDS AND FINISHES A. General Requirements (1) This section shall apply to: Flammable liquids - i~.ash point below 100° Fahrenheit (37.8° Celsius); and combustible liquids - flash point at or above 100° Fahrenheit (37.8° Celsius). (2) Appropriate fire extinguishing equipment shall be provided where flammab%e or combustible liquids are stored, handled or used. (3) Where flammable vapors are present, precautions shall be taken to prevent ignition by eliminating or controlling sources of ignition, which may include open flames, lightning, smoking, cutting and welding, hot surfaces, frictional heat, sparks (static, electrical and mechanical), spontaneous ignition, chemical and physical-chemical reactions and radiant heat. (4) Containers having a capacity of 10 gallons (37.9 liters) or more., and equipment used for flammable liquids shall be electrically bonded or grounded during transfer of liquids. (5) Mechanical ventilation to prevent the dangerous accumulation of vapors and to remove such vapors to a safe location shall be maintained in safe operating condition, and shall not in itself constitute a fire hazard. (6) Cans or containers which contain flammable liquids, and are offered for sale shall comply with section ~5-204 C(1)c, shall be provided with a warning label painted or printed on the container stating that the contents are Flammable, and shall be kepi away from heat or open flame. B. Storage Tanks (1) Storage tanks above ground shall rest on supports that are in a structurally sound condition and protected against loss of structural stability by heat or fire. (2) Storage tanks located in areas subject to traffic shall be protected against vehicle damage. (3) Storage tanks shall.not be in a damaged or leaking condition. (4) Pressure relief devices on storage tanks shall be maintained in safe operating condition so as to relieve excessive internal pressure. C. Portable Tanks and Containers Storage of flammable and combustible liquids in portable tanks and con- tainers, other than those of motor vehicles, shall be limited in Group occupancy classifications as follows: -18- (!) ~ ..... ~ t ~_ v~ ~ including attached arid Cetached garages . Storage in excess of 6-1/2 gallons (24.6 liters) of flammable liquids or 60 gallons (227 liters) of combustible liquids shall be prohibited. (2) Groups B1, ~3 and C5 (except schools, colleges and similar places of education)... Storage in excess of 10 gallons (37.9 liters) of ~ammable liquids or 60 gallons (227 liters) of combustible liquids shall be prohibited. (3) Groups C1, C5 (schools, colleges and similar places of education) and C6... Storage shall be limited to that required for operalion of office equipment, maintenance, demonstration, treatment and laboratory work. All liquids in laboratories and at other points of use shall meet the following storage provisions: (a) A containe~ for ~ammable liquids shall be a safety can not exceeding 2 gallons (7.58 liters) capacity; (b) Not more than 25 gallons (94.6 liters) of ~ammable liquids shall be stored in safety cans outside of an interior storage room or storage cabinet; (c) Nol more than 60 gallons (227 tilers) of combustible liquids shall be siored outside of an interior storage room or storage cabinet; and (d) Quantities of ~ammable and combustible liquids ~ excess of those set forth in this section shall be stored in an appropriate storage room or storage cabinet. (4) Group C2... (a) Containers in a display area~ shall not be stacked more than 3 feet (0.91 meter) o~2 containers high, whichever is the greater, unless on fixed metal shelving or otherwise secured. (b) Shelving shall be of stable metal construciion, of suffi- cient depth and arrangemenl thai coniainers displayed thereon will not be easily displaced. (c) Leaking containers shall be removed to a safe location outside the buildin~ and the contents transferred to an ~n- damaged container. (5) Group C4. , . Storage piles shall be no closer than 3 feet (0.91 ~efer).-io-%h~ neareJt beam, ehord, girder or other obstruc lions and shall be 3 feet (0.91 meter) below sprinkler de~ectors or discharge orifices of water spray, or other overhead fire pro- tection systems, and aisles at least 3 feet (0.91 mete~) wide shall be prodded where necessary for access to doors, windows or standpipe connections. D. Dip Tanks (1)Dip tanks and their supports shall be maintained in a safe and structur- ally sound condition. (2) Covers shall be kept closed when tanks are not in use. (3) Areas in the vicinity of dip tanks shall be kept free of combustible debris, (4) Waste or rags used in connection with dipping operations shall be deposite, in self-closing metal cans after use. (5) Ventilating sys~ern interlocks shall be maintained so that the failure of the ventilating fan shall automatically stop any dipping convey, or system. (6) Dip tanks utilizing a conveyor system shall be so arranged that in the event of fire, the conveyo~r system shall automatically cease motion and bottom drains shall open. -19- E. Spray Finishing (1) The floor of the spray booth and operators' working area shall be covered with noncombustible material to facilitate the safe cleaning removal of residues. (9.) Spray booths shall be readily accessible on all sides for cleaning. Area shall be kept free from storage or combustible construction. (3) Discarded filter pads and filter rolls shall be removed to a safe, well detached location or placed in a water-filled metal container. (4) I~ixtures for illumination shall be o£ a fixed explosion proof type and shall t~e properly protected to prevent ignition of vapor oil residue. F. Fde6~r0static Apparatus (1) This section shall apply to electrostatic equipment used in connection with paint spraying operations. (2) Transformers, power packs, control apparatus and other electrical portions of the equipment with the exception of high voltage grids and electrostatic atomizing heads and their connections shall be located outside the spraying or vapor areas. (3) A space of at least twice the sparking distance shall be maintained between goods painted and fixed electrodes, electrostatic atomizing heads or conductors. A suitable sign stating the sparking distance shall be conspicuously posted near the assembly. (4) Power disconnects and ventilation interlocks shall be maintained in safe operating condition. (5) Booths, fencing, railings or guards shall be placed about the equip- ment so that a safe isolation of the process is maintained. Such enclosures shall be of conductive material suit-ably grounded. (6) Signs shall be posted designating process zones as a fire hazard. (7) Insulators, drip plates and screens shall be kept clean and dry. G. Dry Cleaning (1) This section shall apply to dry cleaning plants using solvents, clas- sified as flammable or combustible, in excess of 4 gallon~~-' (15.1 liters). (2) Pumps, pipes, valves, fittings and solvent handling equipment shall be maintained free from leaks. (3) Emergency drainage system shall be maintained in safe operating con- dition. (4) Dry cleaning equipment shall be electrically grounded. (5) Stills shall be maintained liquid-tight and gas-tight. H. Automobile Undercoating Automobile undercoating spray operations which utilize materials having a flash point less than 100° Fahrenheit (37.8° Celsius) shall comply with the applicable provisions of section 45-301A. §45 302 COMBUSTIBLE FIBERS A. General !~equirements (1) This section shall apply to readily ignitable and free burning industrial fibers, such as cotton, sisal, jute, hemp, oakum, baled waste, baled waste paper, kapok, straw, excelsior, synthetic fibers, and other like materials, but shall not be applicable to nonresidential farm buildings. (2) Portable fire e~:ting'uishers of an appropriate type shall be provided in storage areas. (3) Smoking and the carrying of lighted cigarettes, pipes and cigars is prohibited in areas c~r~aining c.ombustible fibers. (4) Not less than 3 feet (0, 91 meter) clearance shall be maintained between tops of piles and sprinkler heads or ceiling, whichever is lower. (5) Combustible fibers shall be stored with adequate clearance from adjacent construction to allow for expansion when set. (6) Trucks or automobiles, other than appropriate industrial tractors and mechanical handling equipment, shall not enter any industrial fiber storage room or building, but may be used at loading platforms. I~. Loose Storage (1) Loose combustible fibers, not in suitable bales or packages, whether housed or in the open, shall not be stored within 100 feet (30.5 meters) of a building except as hereafter specified. (2) Quantities less than 100 cubic feet (2.83 cubic meters) of loose com-- bustible fibers may be kept in a building, provided storage is in a metal or metal-lined bin equipped with a self-closing cover. (3) Quantities exceeding 100 cubic feet (2.83 cubic meters) of loose comB bustible fibers, but not exceeding 500 cubic feet (14.2 cubic rneters), shall be stored in appropriate rooms or compartments with appropriate doors, to minimize fire hazard. (4) Quantities exceeding 500 cubic feet (14.2 cubic meters) of loose com- bustible fibers shall be stored in appropriate vaults located inside or outside buildings. C. Baled Storage (1) No single block or pile shall contain more than 25,000 cubic fee (708 cubic meters) of fiber. Blocks or piles of baled fiber shall be separated from adjacent storage by aisles not less than 5 feet wide (1.52 meters), or by appropriate fire barriers of noncombustible material. D. Dust (1) This section shall apply to dust, consisting of pulverized particles of any material which, if mixed with air in the proper proportions, becomes explosive or may be ignited by a flame or spark. (2) Portable fire extinguishers of an appropriate type shall be provided in dust-producting and dust-handling areas. (3) Smoking and the carrying of matches or cigarette and cigar lighters is prohibited in areas crr~iaining dust-producing or dust--handling operations. (4) The use of an open Flame device, or spark-producing equipment is prohibited in areas containing dust handling operations. -21- (5) Equipment used to prevent the entrance of foreign materials which may cause sparks to be generated, shall be maintained in Safe operating condition. (8) Machinery and metal parts of crMshing, drying, pulverizing, and conveying syslems shall be electrically grounded. (7) The accumulation of dust in quantities sufficient to create a fire or explosion hazard on electric motors, walls, ledges, or other interior surfaces~ or on the roof of a building on which dust may settle is prohibited. (8) Dust collection systems shall be maintained so as to prevent hazardous accumulations of dust. (9) Casings and enclosures for dust-producting or dust-handling machinery and conveyors shall be maint.ained dust-tight. ~45-303 ILA ZAiqD OUS CHEMICALS A. General Requirements (1) This section shall apply to corrosive liquids, flammable solids (such as white phosphorus, metallic sodium and potassium, and zirconium powder), highly toxic material, oxidizing material, poisonous gas, radioactive material, and unstable chemicals (such as nitromethane and ammonium nitrate). (2) Chemicals that in combination with other substances may cause a fire or explosion or may liberate a flammable or poisonous gas shall be separately stored in a safe manner. (3) Defective containers which permit leakage or spillage shall be pro- hibited. No spilled materials shall be allowed to accumulate on floors or shelves. (4) Containers or packages for retail trade shall be stored neatly and orderly~ and shelves shall be of substantial construction. B. Corrosive Liquids (1) Corrosive liquids shall include liquids thai cause destruction of human skin tissue, or have a severe corrosion rate on steel or aluminum. (2) Provisions for containing and neutralizing or safely flushing away leakage of corrosive liquids which may occur during storage, handling or use shall be maintained in safe operating condition. C. Flammable Solids (t) Flammable solids shall include any solid material, other than an ex- plosive, which is liable to cause fires through friction, absorption 0f moisture, spontaneous chemical changes, retained heat from manufacturing or processing, or which can be ignited readily and when ignited burns so vigorously and persistently as to create a serious hazard. (2) Flammable solids shall be stored, handled and used in a manner which will minimize fire hazard. For requirements of storage, handling and use or combustible metals, see section 45-311. C. Highly Toxic Materials (1) Drainage facilities an~d natural or mechanical ventilation for rooms in which highly toxic materials are stored, handled or used shall be maintai~ in safe operating condition. ~ ~· -22- (2) Legible, clearly visible warning signs and placards stating th-e nature and location of the toxic materials shall be posted at entrances to areas where such mate~4ials are stored, handled or used. E. Oxidizing lViaterials (1) Oxidizing materials shall include a substance that yields oxygen readily to stimulate the combusion of organic matter. (2) Packaged oxidizing materials shall be stored in dry locations and separated from stored organic and other combustible materials. (3) ]Bulk oxidizing materials shall not be stored on or against wooden surfaces. F. Poisonous Gases (1) Poisonous gases shall include gases of such nature that a very small amount of the gas mixed with air is dangerous to life. (2) Storage of poisonous gases shall be in rooms having natural or mechanical ventilation adequate to remove leaking gas. Such ventilation shall not dis- charge to a point where the gases may be a hazard. (3) Legible, clearly visible warning signs stating the nature of hazard shall be placed at entrances to locations where poisonous gases are stored or used. G. Radioactive Materials (1) Radioactive materials shall include any material, or combination of materials that spontaneously emits ionizing radiation, and having a specific activity greater than 0. 002 microcuries per gram. (2) Legible, clearly visible signs ~rning of radiation dangers shall be placed at entrances to areas or rooms where radioactive materials are used or stored. In addition, each container in which radioactive materials are used or stored shall bear a radiation symbol. (3) When not in use, radioactive materials shall be kept in adequately shielded fire-resistant containers of such design that the gamma radiation will not exceed two hundred milliroentgens per hour or equivalent at any point of readily accessible surface. H. Unstable Chemicals (1) Unstable chemicals shall be stored in appropriate containers so as to minimize breakage, leakage, or rupture of containers upon exposure to heat or water which may result in fire, explosion, or other dangerous reaction. (2) Unstable chemicals shall not be stored in basements or below ground level. (3) Open lights or flames and smoking shall be prohibited in or near storage areas. (4) Unstable chemicals shall be kept away from heat-producing applicances and electrical devices and shall be protected from external heat. (5) Electric bulbs shall be equipped with guards to prevent breakage. (6) Internal combusion motor vehicles or lift truct~s shall not be parked or stored in the room or compartment where such chemicals are located. -23- §45-304 CO~PRESSED GASES General Requirements (1) This section shall apply to gases' in a state exceeding 55 pounds per square inch (379 kilopascals) gage p~essure at 70° Fahrenheit (21.1 ° Celsius), or 119 pounds per square inch (821 kilopascals) gage pressure at 130° Fahrenheit (54.4° Celsius) and includes bulk oxygen, hydrogen, flammable anesthetics, nonflammable medical gases and anhydrous ammonia. (2) Compressed gas cylinders in storage or in service shall be secured to prevent falling or being upset and shall be protected against tampering by unauthorized persons. (3) Cylinders, pressure vessels or containers shall be identified as to the gas contained therein. (4) Storage tanks and cylinders located ina~eas subjected to traffic, shall be protected against vehicle damage. B. Bulk Oxygen (1) Bulk oxygen storage Systems shall include oxygen stored in the follow- ing quantities: a) More than 13,000 cubic feet (368 cubic meters) connected in service or ready for service; and b) More than 25, 000 cubic feet (708 cubic meters) including un- connected reserves on hand at the site. Bulk oxygen storage systems shall be deemed to terminate at the point where oxygen at the service pressure first enters the supply line. (2) Bulk oxygen storage systems shall be located aboveground out of doors, or shall be installed in a building of noncombustible construc, tion, adequately vented, and used for that purpose exclusively. (3) Bulk oxygen storage system locations shall be permanently placarded to indicate: "OXYGEN - NO SMOKING - NO OPEN FLAMES"; or an equivalent warning. Smoking or open flames in such locations shall be prohibited. (4) Bulk oxygen storage systems Shall not be located beneath electric power lines or close to piping for flammable or combustible liquids or piping for other flamlr~able gases. (5) Bulk oxygen storage systems near aboveground flammable or combustible liquid storage, indoors or outdoors, shall be located on ground higher than the flammable or combustible liquid storage except when dikes, diversion curbs, grading, or separating solid walls are used to prevent accumulation of such liquids under the bulk oxygen storage system. (6) Legible operating instructions shall be maintained at locations which require operation of equipment by the user. (7) The area ~vithin 15 feet (4.57 meters) of any bulk oxygen storage con- tainer shall be kept free of weeds, dry vegetation and combustible material. C. Hydrogen (1) This section shall apply to hydrogen which i~ delivered, stored and discharged to consumer piping and shall be deemed to terminate at the point where hydrogen first enters the consumer distribution piping. (2) The hydrogen storage location shall be permanently placarded as fol- lows: "HYDROGEN - FI~AMMABLE GAS - NO SMOKING - NO OPEN FLAMES" or equivalent. Smoking or open flame in such locations shall prohibited. -24- §45-305 (3) Mobile hydrogen supply units shall be electrically bonded to the system before discharging hydrogen. (4) Hydrogen systems shall not be located beneath electric power lines or close to piping for flammable liquids or piping for other flammable gases. (5) Hydrogen systems near abovegrou'nd flammable liquid storage shall be located on ground higher than the flammable liquid storage except when dikes, diversion curbs, grading, or separating solid walls are used to prevent accumulation of such liquids under the hydrogen system. (6) The area within 15 feet (4.57 meters) of any hydrogen container shall be kept free of weeds, dry vegetation and combustible material. D. Flammable Anesthetics (1) Flammable anesthetics shall include cyclopropane, divinyl ether, ethyl chloride, ethyl ether, triflouro-ethyl ether and ethylene. (2) Extreme caution shall be observed in areas where flammable anesthetics are used so as to prevent electric sparks, or discharge of static elec- tricity. (3) Smoking, open flames or hot materials in excess of 180° Fahrenheit (82.2° Celsius) shall be prohibited in areas containing flammable anes- thetic s. (4) Piping systems shall not be used. E. Nonflammable ~edical Gases (1) Nonflammable medical gases are gases for therapeutic purposes and include oxygen, nitrous oxide, medical compressed air, carbon dioxide, heliur nitrogen, and mixtures of such gases when used for medical purposes. (2) Storage locations for oxygen and nitrous oxide shall be kept free of flammable materials. (3) The main supply line for piping systems shall be provided' with an identified shutoff val~e so located as to be accessible in an emergency. (4) Smoking shall be prohibited in supply system enclosures. F. Anhydrous Ammonia (1) Anhydrous ammonia containers shall be located outside of buildings or if within buildings shall be located in areas especially intended for this purpose. (2) Anhydrous ammonia containers shall be located at least 50 feet (15.2 meters) from a dug well or other sources of potable water supply, unless the container is a part of a water treatment installation. (3) The area surrounding a refrigerated ammonia tank or group of tanks shall be provided with drainage or shall be diked to prevent accidental discharge of liquid from spreading to 'uncontrolled areas. EXPLOSIVES, AMMUNITION AND BLASTING AGENTS (1) This section shall apply to explosives, ammunition, blasting agents and pyrotechnics, except that nothing in this section shall be construed as applying to: a) Such material used by the Armed Forces of the United States or the State Militia; b) Explosives in forms prescribed by the official United States Pharmacopeia; -25- c) Fireworks; d) Small arms ammunition or special industrial explosive devices for person or industrial use; e) Twenty pounds (9.07 Kilograms) or less of smokeless propelleni and 10. 000 or less small arms primers for hand loading of small arms ammunition for personal use; f) Fifteen pounds (6.80 kilograms) or less of explosives or blasting agents, exclusive of' smokeless propellants in educational, go.vernmental or industrial laboratories for instruction or research purposes when under direct super- vision of experienced competent persons; and g) Explosives, ammunition and blasting agents of the United States Bureau of Mines, the Federal Bureau of Investigation, the United States Secret Service and police and fire departments acting in their official capacity. (2) Appropriate fire extinguishing equipment shall be provided where ex- plosives, ammunition or blasting agents are manufactured or stored. (3) Smoking, matches, spark producing devices and open flames shall be prohibited where explosive material is stored, handled or used, and %vithin 50 feet (15.2 meters) of magazines. (4) Explosive material, including special industrial explosive materials and any newly developed and unclassified explosive, shall be stored in magazines. This shall not be construed as applying to wholesale and retail stocks of small arms ammunition, fuse lighters, fuse igniters and safety fuses in quantities involving less than 500 pounds (227 kilogrgins) of explosive material; nor shall it apply to explosive-actuated power devices when employed in construction operations in populated areas, in quantities involving less than 50 pounds (22.7 kilograms) of explosive material. (5) Magazines shall be located an appropriate distance from buildings, structures, railroads and highways_commensurate with the type and quan- tity of explosives stored. (6) Magazines shall be kep%locked except when being inspected or when explosives are being places therein or being removed therefrom; (7) Magazines shall be kept clean, dry and free of grit, paper, empty packages and rubbish. (8) Combustible materials 'shall not be stored within 50 feet (15.2 meters) of magazines. (9) The land surrounding magazines shall be kept clear of brush, dried grass, leaves, trash and debris for a distance of at least 25 feet (7.62 meters). (10) Blasting caps, electric blasting caps, detonating primers and primed cartridges shall not be stored in the same magazine with other explosives. (Il) Blasting agents separ~lefrorn explosives shall be stored in an area free from debris and empty containers. Spilled material shall be cleaned up promptly and safely removed. (12) Sale or display of explosives or blasting agents on highways, side- walks, public property or in places of assembly is prohibited. (13) Explosives shall not be transported on public conveyances. -26- §45-305A §45-306 (14) Vehicles used for transporting explosives shall be of an appropriate type, marked or placarded with the word "EXPLOSIVES", and provided with at least one suitable fire extinguisher. Smoking, carrying matches, flame-producing devices, firearms or loaded cartridges shall be pro- hibited while in or near a vehicle transporting explosives. FIREWORKS Requirements for fireworks shall be governed by sections 270.00 and 405.00 of the Penal Law of the State of New York. MATERIAL FOR WELDING AND CUTTING A. General Requirements This section shall apply to oxygen, and fuel gas such as acetylene, hy- drogen, natural gas, liquefied petroleum gas and other gases which are used for oxy-fuel gas welding or cutting; electric arc welding or cutting; and acetylene generators and calcium carbide. Welding and Cutting (1) Appropriate fire extinguishing equipment shall be provided where welding or cutting is to be performed. Sprinklers subject to fusing from heat due to welding or cutting shall be temporarily shielded with valves to remain open. (2) Welding or cutting shall not be performed in or near rooms or loca- tions where flammable gases, liquids or vapors, lint, dust or loose combustible stocks are present unless suitably protected when sparks or hot metal from the welding or cutting operations may cause ignition or explosion of such materials. (3) Welding or cutting shall not be performed on containers and equipment ~vhich contain or have contained flammable liquids, gases or solids until these containers and equipment have been thoroughly cleaned or inerted or purged. (4) When welding or cutting operations are performed above, or within 35 feet (10.7 meters) of combustible construction or material exposed to the operation, or within 35 feet (10.7 meters) of floor, ceiling or wall openings, the following 'shall be provided: a) b) c) Combustible construction or material shall be wetted down or protected by noncombustible shields or covers from possible sparks, hot metal or oxide; Floor, ceiling or wall openings shall be protected by noncom- bustible shields or covers; and A fire watcher shall be provided to watch for fires, make use of portable fire extinguishers or fire hose and perform similar fire prevention and protection duties. The fire watcher shall remain for a least 30 minutes after the welding or cutting operations have been completed to insure thai no fire exists. -27- C. Oxy-Fuel Gas ~Vetding and Cutting (1) Fuel gas cylinders stored inside of buildings, except those in actual use or attached ready for use shall be limited to a total capacity of 2, 000 cubic feet (56.6 cubic meters) of gas or 300 pounds (136 kilograms) of liquefied petroleum gas. Storage exceeding 2, 000 cubic feet (56. 6 cubic meters) total gas capacity of cylinders or 300 pounds (136 kiolgrams) of liquefied petroleum gas shall be in a separate room, or cylinders shall be stored outside or in a separate building. (2) Oxygen cylinders stored inside buildings shall be separated from fuel gas cylinders or combustible materials by a minimum distance of 20 feet (6.10 meters) or by an appropriate noncombustible barrier. (3) Cylinders stored inside of. buildings shall be located where they will not be exposed to excessive rise in temperature, physical damage or tam- pering by unauthorized persons. (4) Separate rooms or buildings for fuel gas storage shall be ventilated, and heating shall be by indirect means. (5) Where caps are provided for valve protection, such caps shall be in place except when cylinders are in service or connected ready for service. Empty cylinders shall have their valves closed while in storage. (6) PresSure regulators, valves and hose shall be maintained gastight and in safe operating condition, and when used for oxygen, Shall be kept free from oil or grease. (7) The use of liquid acetylene is prohibited. (8) The aggregate capacity of fuel gas cylinders connected to one manifold inside a building shall not exceed 3,000 cubic feet (85.0 cubic meters) of gas or 300 pounds (136 kilograms) of liquefied petroleum gas. More than one such manifold may be located in the same room provided the man- ifolds are at least 50 feet (15.2 meters) apart. (9) A fuel gas manifold connected, to cylinders having an aggregate capacity of more than 3,000 cubic feet (85.0 cubic meters) of gas or 300 pounds (136 kilograms( of liquefied petroleum gas shall be located outside, in a separate building, or in a separate room. (10) The aggregate capacity of oxygen cylinders connected to one manifold inside a building shall not exceed 6, 000 cubic fee% (170 cubic meters). More than one such manifold may be located in the same room provided the manifolds are at least 50 feet (15.2 meters) apart. (11) An oxygen manifold connected to cylinders having an aggregate capacity of more than 6, 000 cubic feet (170 cubic meters) shall be located outside, in a separate building, or in a separate room. D. Electric Arc-Welding and Cutting (1) The frame or case of electric arc-welding or cutting machines, except internal combustion engine driven machines, shall be grounded. Ground connections shall be mechanically strong and electrically adequate. (2) When not in use electric arc-welding or cutting equipment shall be disconnected from the power source. E. Acetylene Generator Houses and Rooms (1) Buildings in which acetylene generators are iocated shall not exceed one story in height except that they may be installed on the top floor or roof of a multi- or single-story building. Generators shall be enclosed in a separaSe room. J28- §45-307 (2) Explosion venting for a generator houses and generator rooms shall be provided, and arranged in a manner so as not to be a hazard to life or property. Adequate ventilation shall be maintained. (3) Heating shall be by indirect means. Heating by flame or fire shall be prohibited. (4) Electrical wiring and equipment in generator houses or generator rooms shall be maintained in safe operating condition. (5) Sources of ignition shall be prohibited in generator houses or genera- tor rooms. (6) Operating instructions shall be posted in a conspicuous place near the generator or kept in a suitable place available for ready reference. F. CalciumCarbide Storage. (1) Calcium carbide shall be contained in appropriate packages equipped with a screw top or equivalent and be water- and air-tight. Packages shall be conspicuously marked "CALCIU1VI CARBIDE-DANGEROUS IF i~OT KEPT DRY" or with equivalent warning. (2) Storage of calcium carbide inside buildings shall be in a dry, water- proof and well- ventilated location. (3) Calcium carbide not exceeding 600 pounds (272 kilograms) may be stored inside buildings or in the same room with fuel gas cylinders. (4) Calcium carbide exceeding 600 pounds (272 kilograms) but not exceeding 5,000 pounts (2268 kilograms) shall be stored in an inside generator room or an outside generator house, or, in a separate room in a one-story building which may contain other occupancies, but without cellar or base- ment beneath the carbide storage section. These rooms shall be used for no other purposes. (5) Calcium carbide in excess of 5, 000 pounds (2268 kilograms) shall be stored in appropriate one-story buildings without cellar or basement and used for no other purpose, or in appropriate outside generat6r houses. (6) Calcium carbide in unopened metal containers may be stored outdoors. Storage areas shall be at lease 10 feet (3.05 meters) from adjoining property. FUMIGANTS AND THERMAL INSECTICIDAL FOGGING LIQUIDS (1) This section shall apply to substances such as methyl bromide, ethylene dibromide, hydrogen cyanide, carbon disulphide and sulfuryl fluoride, which by themselves or in combination with other substances, emit or liberate gases, fumes or vapors used for the destruction or control of insects, fungi, vermin, germs, rodents, or other pests, and shall be distinguished from insecticides and disinfectants which are essentially effective in the solid or liquid phases. (2) Fires, open flames, smoking or other sources of ignition shall be pro- hibited in the space under fumigation or thermal insecticidal fogging. 'Heating shall be by indirect means with steam or hot water. Electricity shall be shut off, except for fans which shall be operated in a manner which will not create an ignition hazard. (3) \Varning signs indicating the danger, type of chemical to be used, and recommended precautions, shall be posted at entrances to premises where fumigants will be used. (4) It is prohibited to use thermal insecticidal fogging liquids having a flash point below 100° Fahrenheit (37.8° Celsius). -29- §45-308 §45-309 §45-310 §45-311 (5) For thermal insecticidal fogging indoors, not more than one gallon of insecticide shall be used for each 50,000 cubic feet (1416 cubic meters) of space. Fog shall not be directed against combustible objects or materials. FRUIT t~IPENtNG GAS (1) This section shall apply to ethylene gas used in fruit ripening. (2) Appropriate fire extinguishing equipment shall be provided where ethylene gas is stored, handled or used. (3) Containers other than those connected for use shall be stored outside or in a special building, except that not more than two portable Depart- ment of Transportation containers not connected for use may be stored inside the building. (4) Equipment used to introduce ethylene gas shall be maintained in safe operating condition and shall limit the ethylene level to a non-hazardous concentration. (5) Open flame heaters, open lights and smoking shall not be permitted in ripening rooms. (6) Ripening rooms shall be kept free of unnecessary combustible materials. MATCHES (1) Matches shall not be stored in piles exceeding 18 feet (5.49 meters) in height, or 25,000 cubic feet (708 cubic meters) in volume. (2) Storage in cases shall be no etoser than 10 feet (3.05 meters) from an exit, open stairway, elevator shaft opening or any other vertical shaft opening. (3) In'Group C2 occupancy classification, matches shall be stored on shelves no closer than 10 feet (3.05 meters) from heaters and furnaces. (4) Upon removal from shipping containers, matches stored in bulk shall be in metal or metal-lined bins equipped with self-closing covers. (5) Appropriate fire extinguishing equipment shall be provided where matches are manufactured or stored in bulk. POWDER COATINGS (1) This section shall apply to finely ground particles of protective finishing material applied in dry powder form by means of a fluidized bed, electrostatic fluidized bed, powder spray guns, or electrostatic powder spray guns. (2) Exhaust ventilation systems shall be maintained in safe operating condition. (3) All areas shall be kept free of the accumulation of powder coating dusts, particularly on surfaces such as ledges, beams, pipes, hoods, booths and floors. (4) Surfaces shall be cleaned in such manner as to avoid scattering of dust or creating dust clouds. MAGNESIUM (t) Appropriate fire extinguishing equipment shall be provided where mag- nesium is stored, handled or used. A supply of extinguishing powder in a substantial eontainer with a hand scoop or shovel for applying powder on magnesium fires, or an extinguisher unit designed for use ~vith such -30- §45-312 §45-313 powder, shall be kepi within easy reach of every operator performing a machining, grinding or other processing operation on magnesium. (2) Smoking is prohibited in areas where magnesium is stored, handled or used. (3) Magnesium dust in dry state sha~l not be allowed to collect on or contact high speed moving paris. (4) Interlocks that shut off dust-producing machines in the event of improper functioning of the collector system shall be maintained in safe operating condition. (5) Electrical grounding of equipment shall be maintained continuous. (6) Chips, turnings, and other fine magnesium scrap shall be placed in a covered, vented steel container and removed to a safe location. (7) Magnesium fines shall be'kept separate from other combustible materials. ORGANIC COATINGS (1) This section shall apply to liquid mixtures of binders such as alkyd, nitrocellulose, acrylic or oil, and flammable and combustible solvents such as hydrocarbon, ester, ketone or alcohol, which when spread in a thin film convert to a 'durable protective and decorative finish. (2) Appropriate fire extinguishing equipmenl shall be provided where organic coatings are stored, handled or used. (3) Smoking, open flames and heating equipment containing ignition sources shall be prohibited in areas where organic coatings are stored, handled or used. (4) Mechanical ventilation to prevent the dangerous accumulation of vapors and to remove such vapors to a safe location shall be maintained in safe operating condition, and shall not in itself constitute a fire hazard. (5) Emply containers previously used for flammable or combustible liquids shall be removed to a safe location outdoors and, if not cleaned, removed from the premises and disposed of in an appropriate manner. (6) Drainage facilities provided to direct flammable and combustible liquid leakage and fire protection water to a safe location, away from buildings, structures, storage areas or adjoining property, shall be properly maintained. (7) Bonding and grounding for tanks, machinery and piping shall be main- tained electrically conductive. (8) Spilled nitrocellulose shall be swept up, put into a pail of wkter and disposed of. (9) Solvent pump shut-off switch shall be maintained in operable con- dition to shut off pump in case of fire. ORGANIC PEROXIDES (1) This section shall apply to organic peroxides used in spray guns. (2) Organic peroxides shall be kept away from all sources of heat in- cluding steam pipes, radiators, open flames, sparks and solar radiation. Smoking shall be prohibited in areas where organic peroxides are stored, handled or used. (3) Non-sparking tools shall be used in any area' where organic peroxides are stored, mixed or applied. (4) Dusts or overspray residues resulting from the sanding or spraying of finishings materials conta, ining organic peroxides shall not be mixed with other materials. -31- §45- 314 §45-315 and disposed of in a safe manner such as in accordance with the manufac]~ turer's recommendation. ~ CRYOGENIC LIQUIDS (1) This section shall apply to the storage, handling and use of flammable cryogenic liquids, liquid oxygen and cryogenic oxidizers, having a boiling point of minus 200° Fahrenheit (-129° Celsius). (2) Containers, valves and piping shall be readily accessible for inspection and repair, and protected against tampering. (3)SVamning labels and signs shall be posted on containers and equipment. (4) Dispensing of flammable cryogenic liquids, liquefied oxygen or liquid oxidizers shall be only at appropriate locations. Water lines and hose shall be provided for cleaning and melting. (5) Flammable cryogenic liquid, liquid oxygen or crogenic oxidizers shall not be loaded, unloaded, dispensed or handled where vapors can reach a source of ignition. Smoking shall be prohibited. Loading, unloading and dispensing of oxygen shall not be permitted in the vicinity of loading, unloading or dispensing of gaseous or liquid fuel. CELLULOSE NITRATE (PYROXYLIN)PLASTICS A. General Requirements (1) This section shall be applicable to raw cellulose nitrate (pyroxylin) plastics and to articles made from this material. For cellulose nitrate film, see section 45-316. For guncotton or other explosives having cellulose nitrate as a base, see section 45-305. (2) Appropriate fire extinguishing equipment shall be provided where raw pyroxylin plastics are stored, handled or used. (3) Smoking, open flames and heating equipment containing {gnition sources shall be prohibited in areas containing raw cellulose nitrate (pyroxylin) plastics. B. Raw Cellulose Nitrate (Pyroxylin) Plastics (1) Where raw material in excess of 25 pounds (11.3 kilograms) is received in a building, an appropriately vented cabinet or vented and sprinklered vault shall be provided for the storage of the mater4aI. (2) Not more than 1, 000 pounds (454 kilograms) of raw material shall be stored in cabinets in any one workroom, and not more than 500 pounds (227 kilograms) in any one cabinet, nor more than 250 pounds (113 kilograms) in one compartment. (3) Raw material in excess of that specified in paragraph 2 shall be kept in appropriately vented vaults not exceeding 1, 500 cubic feet (42.5 cubic meters) capacity. (4) No cellulose nitrate (pyroxylin) plastic material shall be stored within 2 feet (0.61 meter) of any heat producting applicances, steam pipes, radiators or chimneys. (5) Waste cellulose nitrate (pyroxylin) plastic materials such as shavings, chips, turnings, sawdust, edgings and trimmings shall be kept under water in metal receptacles until removed from the premises and shall be removed daily. -32- §45-316 C. Articles of Cellulose Nitrate (Pyroxylin) Plastics (1) No electric light shall be located directly above cellulose nitrate (pyroxylin) plastic material, unless provided with a suitable guard to prevent heated particles from falling. (2) Spaces underneath display tables shall not be used for storage and shall be kepi free of accumulations of paper, refuse and other combus- tible material. (3) Display of cellulose nitrate (pyroxylin) plastic articles shall be in showcases or show windows, except that such articles may be placed on tables or counters which are not over 3 feet (0.91 meter) wide and 10 feet (3.05 meters) long and spaced at least 3 feet (0.91 meter) apart. (4) Cellulose nitrate (pyroxylin) plastic articles shall be protected against exposure to direct sunlight. CELLULOSE NITRATE MOTION PICTURE FILM (1) This section shall apply to cellulose nitrate motion picture film. Film having a cellulose acetate or other slow-burning base is excluded. (2) Appropriate fire extinguishing equipment shall be provided where cellulose nitrate motion picture film is stored, handled or used. (3) Motion picture projectors %vhen used with cellulose nitrate motion pic- ture film shall be located in enclosures specifically intended for such use. (4) Smoking, carrying of matches, cigarettes and cigar lighters and use of open flame and heating equipment containing ignition sources shall be prohibited in areas where cellulose nitrate motion picture film is stored, handled or used. (5) Storage in excess of 25 pounds (11.3 kilograms) but not in excess of 1,000 pounds (454 kilDgrams) shall be kept in cabinets or in vaults. (6) Storage in excess of 1,000 pounds (454 kilograms) shall'be kept in vaults. (7) Unexposed cellulose nitrate motion picture film enclosed.in the original, unbroken shipping cases conforming to Department of Trans- portation regulations shall be kept in a sprinklered room. If the amount exceeds 750 pounds (340 kilograms), it shall be stored in a room used for no other purpose. (8) Archival cellulose nitrate motion picture film shall be stored in archival cabinets or vaults. (9) Tables and racks used in connection with the handling of film shall be noncombustible, or shall be of wood construction with no member less than 1-1/2 inch (38.1 millimeters) thick. §45-400 ARTICLE IV Fire Safety Practice GENERAL Fire safety practice shall be observed as set forth in this Article to in- sure that property and materials shall be maintained in a manner which will provide the public with safeguards from the hazards of fire, explo- sion or the release of toxic gases. -33- §45-401 FiRE SAFETY SAFEGUARDS A. General Precautions Precautions shall be taken to protect property and premises against the starting and spreading of fires. It is prohibited to: (1) Deliberately set a fire, or knowingly permit a fire to start or spread, which endangers the safety of persons or property. (2) Discard, throw or place flaming or glowing objects, such as matches, cigars and cigarettes, or other flaming or glowing substances where such substances or things may ignite com- bustible or explosive materials. (3) Dispose of hot or smoldering materials, including hot ashes or cinders, or smoldering coals, in other than noncombustible receptacles. Such receptacles, unless resting on a noncombustible floor or on the ground in an exterior open area, shall be placed on noncombustible stands, at least t~vo feet (0.61 meier) laterally away from combustible materials, structures, and exterior openings of buitdings~ (4) Use or operate any internal combustion equipment or flame producing device unless suitable measures are taken to ensure against ignition of combustibles. B. Exterior Protection (1) Dry Vegetation, Combustible Waste and Refuse Quantities of dry vegetation, combustible waste amd refuse which by rea- son- of their proximity To guildings or structures would constitute a fire hazard or contribute to the spread of fire, shall be removed. (2) Obstructions It is prohibited to: (a) Install or maintain wires, cables, ropes, aerial ante'nnas, or other overhead obstructions on the roofs of buildings having a roof slope of less than 30 degrees (0.52 radian), unless there~ is 'a full clear- ance of 7 feet (2.13 meters) or more between the roof surface and such obstruction, except; obstructions may be installed less than 7 feet (2.13 meters) high provided they are protected in a manner to prevent injury to firefighters working on the roof during periods of reduced visibility. (b) Maintain on roofs and fire escapes materials or objects which ob- struct egress or fire department access. (c) Attach or fasten ropes, wires, cables, or similar devices, except standard equipment therefor, to fire escapes. (d) Place or to permit objects or materials to obscure or obstruct the use of fire hydrants, fire wells and fire department connections. (3) Outdoor Fires (a) Outdoor fires, including bonfires and rubbish fires, shall not be permitted unless legally authorized and in conformity with forest fire control regulations. (b) Outdoor fires, where permitted, shall be attended at all times with appropriate fire extinguishing equipment readily available nearby. (4) Waste Disposal Sites (a) Transporting burning waste or refuse is prohibited. (b) Vehicles or conveyances used to transport combustible waste or refuse over public thoroughfares shall have all cargo space covered and maintained sufficient tight to ensure against ignition from external fire sources. §45-402 §45 -403 (c) Burning debris shall not be du~pe~ at a ~vas~e disposal si~e~ C~ inierior ~ro~eezion (1) Combustible Waste and Refuse (a) Except for one and two-family dwellings, premises shall provide specifically designated rooms, areas or containers, in or on the premises, for the temporary storage of combustible waste or refuse. (b) Combustible waste and refuse shall be stored in: 1) Containers constructed of noncombustible materials, equipped with tight fitting covers; or 2) Bins constructed of noncombustible materials, equipped with self-closing covers, or covers that close auto- tactically in case of fire inside the bin; or 3)Rooms des. igned for such storage; or 4) Isolated areas outside buildings, suitable for such storage. (c) Combustible waste and refuse shall be property stored or disposed of to prevent unsafe accumulations. (2) Combustible Decorations In spaces of Group C5 occupancy classification, dockside vessels serving as buildings, and tents and air-supported structures, it is prohibited to install, maintain or use materials such as vegetation, bunting, cotton batting, plastic cloth, textile, excelsior, paper or other combustible materials for decorative purposes, unless such materials have been made flame - re sistant. (3) Cleaning Compounds (a) Only water solutions, detergents, or noncombustible floor sweeping compounds and grease absorbents shall be used for cleaning floors. (b) The use of sa~vdust or similar combustible materials to soak up eombustible or flammable liquids spilled or dropped from machinery or processes on floors is prohibited. (4) Portable Heaters (a) Portable heating equipment using kerosene or other flammable liquids shall be permitted provided that the same comply with applicable State laws. (b) Portable heaters shall be appropriately located with respect to combustible materials, and maintained in proper operating condition. (c) Portable electric heaters shall be equipped with automatic shut-off devices for safety purposes in the event of tip-over. FIRE SAFETY EQUIPMENT Fire safety equipment, including fire extinguishing, fire warning, and standpipe systems, shall be maintained operable at all time and under all weather conditions except during repairs. The fire department shall be notified whenever such equipment is out of service. FIRE SAFETY SIGNS AND INSTRUCTIONS (1) Fire safety signs include, among others: Ocqupancy signs, limiting the maximum number of occupants permitted in public areas; no smoking signs, prohibiting smoking in areas where conditions exist which make smoking a [ire hazard; danger signs, alerting persons to areas where special danger of fire or e;~ptosion exists; and elevator warning signs instructing occupants to use exit stairs in case of fire. -35- §45-404 $45-405 (2) Fire safety sign~ =~atl be pos~e~ c:n ~:='~:~:~.z;~: .ms 5[:e~_=:_zc, :~:: 1 of this section. (3) Posted fire safety signs shall be complied with. (4) No posted fire safety sign shall be removed, defaced, or destroyed excep~ for replacement purposes, or %vhen the condition which the sign %vas intended to identify is no longer presenl, or when the information conveyed by the sign is no longer necessary. (5) Hotels, motels, and similar transient occupancies shall have a printed copy of fire safety instructions, instructing occupants in steps to be taken in the event of fire, conspicuously posted in each occupancy unit and at other designaled locations. FIRE EXIT DRILLS Fire exit drills and procedures shall be held and conducted to familiarize occupants in procedures of building evacuation or transfer to havens of refuge in the following: Group BI - hotels, dormitories, clubs, fraternity and sorority houses, and similar occupancies; Group C1 - business occupancies; Group C2 - mercantile occupancies; and Group C5 - assembly occupancies. FIRE DEPARTMENT NOTIFICATION (1) Upon discovery of a fire, which poses a possible danger to life or property, even though it has apparently been extinguished, the exislence, circumstances and location of such fire shall immediately be reported to the fire department. (2) The fire department shall be prompily notified upon discovery of evidence of the spontaneous or abnormal heating of any inerchandise, com- modity, cargo, or material in buildings, structures, or premises which indicates a probable danger of fire or explosion, or upon discovery or being apprised of an uncontrolled hazardous gas leak, or hazardous material or combustible or flammable liquid spill. (3) It is prohibiied to make or issue regulations or orders, written or verbal, that would require any delaying action prior to reporting a serious fire hazard or fire to ~he fire department, except in the case of established on-premises fire fighting organizations which have coordin- ated and arranged procedures with the fire department. §45-500 ARTICLE V Administration and Enforcement APPLICABILITY This Article shall provide the basic method for the administration and enforcement of this Fire Preveniion Code, and shall establish powers, duties and responsibilities in connection therewith. -36 - §45-502 §45-503 §45-504 AD}~{iN!STRATiON The building inspector and deputy building inspectors (her einafter referred to as the building inspector) are hereby designated to administer and enforce this Code within the Town of Southotd. RULES AND REGULATIONS The Town Board may, after a public hearing, adopt rules and regulations for the administration and enforcement of this Code. PERMITS A. Upon the payment of such fee as may be prescribed by resolution of the town board, permits shall be issued by and bear the name and signature of the building inspector and shall specify the following: (1) The activity or operation for which a permit is issued. (2) The address or location where the activity or operation is (3) (4) (5) to be conducted. The name and address of the permittee. The permit number and date of issuance. The period for which the permit is issued. B. Permits shall not be transferable or assignable and any change in activity, operation, location, ownership, or use shall require a new permit. C. Permits shall continue in effect during the period of time specified thereon, unless sooner suspended or revoked. The term of a permit may be extended by the building inspector, provided that a satisfactory reason can be shown for failure to commence or complete the work or activity authorized within the required time period. D. Permits shall be required for activities or operations which may be provided by amendment to this Code. E. Consolidated Permits When more than one permit is required for the same property or premises, a single permit may be issued listing all materials or operations covered. Revocation of a portion or portions of such consolidated permit, for specific hazardous materials or operations, shall not invalidate the rema_inder. F. Location of Permits Permits shall be kept on the property or premises covered by the permit, or carried on the person of the permittee. G. Revocation or Suspension of Permits Permits may be suspended or revoked when it is determined that there is a violation of a condition under which the permit was issued or there has been misrepresentation or falsification of material facts in connection with the permit application or a condition of the permit or a violation of this Code, or any order, notice, rule regulation or determination. INSPECTIONS -A. The building inspector shall conduct periodic inspections for compliance with the provisions of this/Code. Such inspections may be made at any -37- §45-505 §45-506 not be oo~aznea, zne o'uilding znspec-~or ::,-~aj apply zs any cour~ of cozn- petent jurisdiction for a warrant to make an inspection .... B. In addition to inspectors as provided by Section 45-504 A hereof, the Town Board may appoint one assistant inspector for each of the fire districts in the Town who shall b~e recommended by the respective Boards of Fire Commissioners. Such assistant inspectors shall serve for a term of one year, or at the pleasure of the Town Board. Assistant inspectors shall serve without compensation, but shall be reimbursed for their actual and necessary expenses incurred in the performance of their duties within the appropriations made therefore by the Town Board. Such assistant inspectors shall not have enforcement powers, their duties being limited to conducting periodic inspections for com- pliance with the provisions of'this Code. In the performance of their duties, assistant inspectors shall have the same right to enter and inspect buildings as heretofore conferred upon the building inspector. VIOLATIONS A. A person owning, operating, occupying or maintaining property or premises within the scope of this Code shall comply with all of the provisions of this Code, and all orders, notices, rules, regulations or determinations issued in connection therewith. B. Whenever the building inspector finds that there has been a violation of this Code, or any rule or regulation adopted pursuant thereto, a violation order shall be issued to the person or persons responsible. C. Violation orders shall be in writing; shall identify the property or premises; shall specify the violation and remedial action to be taken; shall provide a reasonable time limit for compliance; and shall state the time within which an appeal may be 'taken. D. Violation orders may be served: by personal service; by'mailing by registered or certified mail; or by posting a copy thereof in a con--- spicuous place on the premises, and by mailing a gopy thereof to the premises on the same day as poste-d, enclosed in a postpaid xvrapper addressed to the person responsible. E. In case the owner, lessor, occupant or the agent of any of them shall fail, neglect or refuse to remove, eliminate or abate the violation within the time specified in the violation order, a request to take appropriate legal action shall be made to the town board of the Town of Southold. PENALTIES A. Failure to comply with any provision of this Code or any rules or regulations adopted pursuant thereto, or a violation order shall be deemed a violation and the violator shall be liable for a fine of not more than $250. or imprisonment not to exceed 15 days, or both, and each day such violation continues shall constitute' a separate violatio_~i. B. An action or proceeding in the name of the Town of Southold may be commenced in any court of competent jurisdiction to compel compliance -38- §45-507 ~45-508 with or restrain by injunction the violation of any provision of this Code or any rule or regulation adopted pursuant thereto, or a violation order, or to vacate the occupancy or building in the case of imminent danger of life or property. Such remedy shall-be in addition to penalties otherwise prescribed by law. RECORDS The building inspector shall keep official records of all permits, inspec- tion reports, recommendations, complaints and violation orders. REIV[OVAL OF DANGEROUS BUILDINGS OR STRUCTURES A. A building or structure or part thereof, which is an imminent danger to life or safety of the public as a result of a fire or explosion is hereby declared to be a public nuisance. B. Whenever the building inspector finds a building or structure, or part thereof, to be an imminent danger to life and safety of the public as a result of a fire or explosion, the building inspector may cause it to be demolished and removed or may cause work to be done in and about the building or structure as may be necessary to remove the danger. C. The building inspector may require the occupants of any building or structure, or part thereof, to vacate the premises forthwith. No person shall use or occupy such building or structure, or part thereof, until it is made safe. Except for the owner, no person shall enter premises which have been ordered vacated unless authorized by the building inspector to perform inspections, repairs, or to demolish and remove such building or structure, or part thereof. D. All costs and expenses incurred by the Town of Southold in connec- tion with any work done to remove the danger, or in connection with the demolition and removal of any such building or structure shall be assessed against the land on which such building or structure is located, and a statement of such expenses shall be presented to the owner of the property, or if the owner cannot be ascertained or located, then such statement shall be posted in a conspicuous place on the premises. Such assessment shall be, and constitute a lien upon such land. If the owner shall fail to pay such expenses within ten days after the statement is presented or posted, a legal action may be brought to collect such assess- ment or to foreclose such lien. As an alternative to the maintenance of any such action, the building inspector may file a certificate of the actual expenses incurred as aforesaid, together with a statement identifying the property in connection with which the expenses were incurred, and the owner thereof, with the assessors, who shall in the preparation of the next assessment roll assess such amount upon such property. Such amoun~ shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time, and under the same penalties, as is provided by law for the collection and enforcement of real property taxes in the Town of Southold. -39- §45-509 REVIEW BOARD A. There is hereby established in and for the Town of Southold, a Board of Re~iew, consisting of seven (7) members, to be appointed by the Town Board, who shall serve without compensation for a term of one (t) year. The Town Board shall designate a member of said Board of Review to act as chairman thereof. In making such appoint- ments, the Town Board shall seek recommendations from the various fire organizations of the Town of Southold. B. The Board of Re~4ew shall have the power to vary or modify in whole or in part any provision or requirements of this Code where practical difficulties or nnnecessary hardships may result from enforce- ment thereof, provided, however, that such variance or modification shall be consistent with the spirit of this Code. C. The building inspector shall obtain a copy of the t~eview Board's decision for his records. §45-600 §,45-601 ARTICLE VI Generally Accepted Standards APPLICABILITY Generally accepted standards referred to in this Part, unless otherwise indicated, shall be construed as follows: Provisions which are intended to be mandatory, or which establish re- quirements in excess of basic fire prevention requirements, shall apply. Provisions which are suggested, or recommended, or which establish requirements in excess of basic fire prevention requirements,, shall not apply. Provisions which grant discretionary powers to modify or vary require- ments, shall not apply; and Provisions which differ from the provisions of the Code, shall I~.ot apply. ISSUING ORGANIZATIONS ANSI American National Standards Institute, Inc. 1430 Broadway New York, New York 10018 NF PA National Fire Protection Association 470 Atlantic Avenue Boston, Massachusetts 02210 NYDH Department of Health, State of New York 84 Holland A venue Albany, New York 12208 §45-602 NYDL Depar~men~ of Labor~ State of New York Office of Administrative Director Building 12, State Campus Albany, New York 12226 or Deparlment of Labor, State of New York Business Administrative Office Two World Trade Center New York, New York 10047 USDC U. S. Department of Commerce - Handbooks National Bureau of Standards Washington, D.C. 20234 GENERALLY ACCEPTED STANDARDS WITH CODE REFERENCE SECTIONS 45-202 - Means of Egress NFPA - Code for Safety to Life from Fire in Buildings and Structures, No.' 101, 1976 45-203B - Fuel Gas Systems NFPA- National Fuel Gas Code, No. 54, 1974 NFPA - Liquefied Natural Gas, No. 59A, 1975 45-203C - Liquefied Petroleum Gas Containers and Tanks NFPA - Liquefied Petroleum Gases, No. 58, 1976 NFPA - Liquefied Petroleum Gases at Utility Gas Plants, No. 59, 1976 45-203D - Fuel Oil Systems NFPA - Oil Burning Equipment, No. 31, 1974 45-203F - Heating Systems NFPA - Prevention of Furnace Explosions in Fuel Oil and Natural Gas Fired Watertube BOiler Furnaces with One Burner, No. 85, 1976 NFPA - Prevention of Furnace Explosions in Natural Gas Fired Multiple Burner ]Boiler Furnaces, No. 85B, 1978 NFPA - Prevention of Furnace Explosions in Fuel Oil Fired Multiple Burner Boiler Furnaces, No. 85D, 1978 NFPA - Prevention of Furnace Explosions in Pulverized Coal Fired Multiple Boiler Furnaces, No. 85E, 1978 NFPA - Air Conditioning and Ventilating Systems, No. 90A, 1976 NFPA - Warm Air Heating and Air Conditioning Systems, No. 90B, 1976 NYDL - Boilers, Industrial Code Rule 4, 1965 NYDL - Construction, Installation, Inspection and Maintenance of Steam Boilers, Industrial Code Rule 14, 1958 45-202~ - ~h~mneys, Flues ant ©asvents NFPA - Chimneys, Fireplaces and Vents, No. 211, 1977 45-203H - Incinerators and Compactors NFPA - Incinerators and Rubbish Handling, No. 82, 1977 45-205I - Electrical Systems NFPA - National Electrical Code, No. 70, 1978 NFPA - Stationary Combustion Engines and Gas Turbines, No. 37, 1975 45-203J - Commercial Cooking Equipment NFPA - Removal of Smoke and Grease-Laden Vapor from Commercial Cooking Equipment,' No. 96, 1976 45-202K(1) - Fire Protection Water Supply NFPA - Centrifugal Fire Pumps, No. 20, 1978 NFPA - Water Tanks for Private Fire Protection, No. 22, 1976 NFPA - Supervision of Valves Controlling Water Supplies for Fire Protection, No. 26, 1976 45-203K(2) - Sprinkler Systems NFPA - NFPA - NFPA - 45-203K NFPA - 45-203K NFPA - Sprinkler Systems, No. 13, 1976 Water Spray Fixed Systems for Fire Protection, No. 15, 1977 Foam-Water Sprinkler Systems and Foam-~rater Spray Systems, No. 16, 1974 (3) - Standpipe Systems Standpipe and Hose Systems, No. 14, 1978 (4) - Yard Hydrant Systems Outside Protection, No. 24, 1977 45-203K(5) - Portable Fire Extinguishers NFPA- Portable Fire Extinguishers, No. 10, 1978 45-203K(6) - Fire Alarm Systems NFPA - Central Station Signaling Systems, No. 71, 1977 NFPA - Local Protective Signaling Systems, No. 72A, 1975 NFPA - Auxiliary Protective Signaling Systems, No. 72]3, 1975 NFPA - Remote Station Protective Signaling Systems No. 72C, 1975 NFPA - Proprietary Protective Signaling Systems, No. 72D, 1975 45-203K(7) - Fire and Smoke Detectors NFPA - Automatic Fire Detectors, No. 72E, 1978 NFPA - Household Fire ~rarning Equipment, No. 74, 1978 -42 - 45- 208K(8) - Foam and Chemicai Fire Extinguishing Systems NFPA -Foam Extinguishing Systems, No. 11, 1978 NFPA - High Expansion Foam Systems, No. 11A, 1976 NFPA - Synthetie Foam and Combined Agent Systems, No. 11B, 1977 NFPA - Carbon Diozide Extinguishing Systems, No. 12, 1977 NFPA - Halsgenated Fire Extinguishing Agent Systems-Halon 1301, No. 12A, 1977 NFPA - Hatogenated Fire Extinguishing Agent Systems-Italon 1211, No. 1213, 1977 NFPA - Dry Chemical Extinguishing Systems, No. 17, 1975 45-203L, 1Vi - Elevator Equipment and Hoistways and Shafts ANSI - NYDL Safety Code for Elevators, Dumbwaiters, Escalators, and Moving Walks, Al7.1-.1971, Including Supplements A 17. la-1972, Al7. lb- 1973, A17.1c=1974, A17.1d-1975, A17.1e-1975, A17.1f-1975 and Al7. lg-1976 -Construction, Guarding, Equipment, l%4aintenance and Operation of Elevators, Dumbwaiters, Escalators, Hoists and I-Ioistways in Factories and l~4ercantile Establishments, Industrial Code Rule 8, 1923 45-203N - Combustible Cooling Towers NFPA - Water Cooling Towers, No. 214, 1977 45-2030 - Swimming Pools NYDH - 10 NYCRR. Part 6 - Swimming Pools and Bathing Beaches, State Sanitary Code, December 31, 1975 45-203Q - Commercial Ovens NFPA NF PA NFPA - Ovens and Furnaces, No. 86A, 1977 - Industrial Furnaces, No. 86B, 1974 - Industrial Furnaces Using a Special Processing Atmosphere, No. 86C, 1977 45-204B - Places of Assembly NFPA iNYDL - Code for Safety to Life from Fire in Buildings and Structures, No. 101, 1976 - Places of Public Assembly, Industrial Code Rule 36, 1967 45-204C - Service Stations and Garages NFPA - Flammable and Combustible Liquids Code, No. 30, 1977 NFPA- Parking Structures, No. 88A, 1973 NFPA - Repair Garages, No. 88B, 1973 45-20ZiD - Abandonment or Removal of Underground Tanks NFPA - Flammable and Combustible Liquids Code No. 30, 1977 -43- NFPA- Dry Cleaning Plants, No. 32, 1974 NYDL - Coin Operated Machines, Industrial Code Rule 43, 1966 45-204H - Tents and Air-Supported Str'uctures NFPA - Tents, Grandstands and Air-Supported Structures Used for Places of Assembly, No. 102, 1972 RryDL - Places of Public Assembly, Industrial Code Rule 36, 1967 45-204K-Airports, Heliports and Helistops NFPA - Aircraft Hangars, No. 409, 1975 NFPA - Aircraft Welding Op6rations in Hangars, No. 410E, 1975 NFPA - Aircraft Fueling Ramp Drainage, No. 415, 1977 NFPA - Airport Terminal Buildings, No. 416, 1975 NFPA - Roof-top Heliport Construction and Protection, No. 418, 1973 45-204L = Piers, Wharves and Marine Terminals NFPA - Construction and Protection of Piers and Wharves, No. 87, 1975 45-204M - Marinas and Boatyards NFPA -Marinas and Boatyards, No. 303, 1975 45-204N - General Outdoor Storage NFPA - Outdoor General Storage, No. 231A, 1975 45-.301 - Flammable and Combustible Liquids and Finishes iNFPA- Flammable and Combustible Liquids Code, No. 30, 1977 NFPA - Solvent Extraction Plants, No. 36, i974 NFPA - Explosion Prevention Systems, No. 69, ~1973 NFPA - Blower and Exhaust Systems, No. 91, 1973 NFPA - Basic Classification of Fls[mmable and Combustible Liquids, No. 321, 1976 45-3010 - Portable Tanks and Containers 1NFPA - Cleaning or Safeguarding Small Tanks and Containers, No. 327, 19'75 45-302D - Dip Tanks NFPA -Dip Tanks, No. 34, 1974 45-301E - Spray Finishing NFPA - Spray Application Using Flammable and Combustible Materials, No. 33, 1977 45-301G - Dry Cleaning NFPA- Drycleaning Plan~s, No. 32, 1974 -44- NFPA NFPA NFPA NFPA NFPA NFPA NFPA NF PA NFPA NFPA NFPA NFPA NFPA NFPA -Pulverized Fuel Systems, No. 60, 1973 - Manufacturing and Handling Starch, No. 6lA, 1973 - Grain Elevators and Bulk Grain Handling Facilities, No. 6lB 1973 -Feed Mills, No. 61C, 1973 - Dust Explosion in Industrial Plants, No. 63, 1975 -Aluminum, No. 65, 1975 - Pneumatic Conveying Systems for Handling Feed, Flour; Grain and Other Agricultural Dusts, No. 66, 1973 -Blower and Exhaust Systems, No. 91, 1973 - Aluminum or Magnesium Powder, No. 651, 1974 - Coal Preparation Plants, No. 653, 1971 -Plastics Industry, Nb. 654, 1975 - Prevention of Sulphur Fires and Explosions, No. 655, 1971 - Spice Grinding Plants, No. 656, 1971 - Woodworking and Wood Flour Manufacturing Plants, No. 664, 1971 45-303 -- Hazardous Chemicals NFPA - Hazardous Chemicals Data, No. 49, 1975 45- 303C - Flammable Solids NFPA -Titanium, No. 481, 1974 NFPA -Zirconium, No. 482M, 1974 45-303E - Oxidizing Materials NFPA - Storage of Liquid and Solid Oxidizing Materials, No. 43A, 1975 45-303G - Radioactive Materials ANSI - Radiation Symbol N2.1, 196-9 NFPA - Facilities Handling Radioactive Materials, No. 801, 1975 USDC - Safe Handling of Radioactive Materials, .H92, 1964 NYDL - Ionizing Radiation Protechon, Industrial Code Rule No. 38 (12 NYCRR 38), effective July t0, 1978 45-303tt - Unstable Chemicals NFPA - Storage of Ammonium Nitrate, No. 490, 1975 45- 304B - Bulk Oxygen NFPA - Bulk Oxygen Systems at Consumer Sites, No. 50, 1974 45-304C - Hydrogen NFPA - Casious Hydrogen Systems at Consumer Sites, No. 50A, 1973 NFPA - Liquified Hydrogen Systems at Consumer Sites, No. 50B, 1973 45-304D - Flammable Anesthetics NFPA -Inhalation Anesthetics, No. 56A, 1973 -45- 45-304E - Nonf~_ammable Medical Gases NFPA- Inhalation Anesthetics, No. 56A, 1973 NFPA - Nonflammable Medical Gas Systems, No. 56F, 1977 45-304F - Anhydrous Ammonia ANSi - Storage and Handling of Anhydrous Ammonia, No. K61.1-1972 45- 305 - Explosives, Ammunition and Blasting Agents NFPA - Storage of Ammonium Nitrate, No. 490, 1975 NFPA -Explosive Materials, No. 495, 1973 NFPA - Explosives, Motor V~hicle Terminals, No. 498, 1976 NYDL- Sand, Gravel, Crushed Stone and Quarry Operations, Industrial Code Rule 17, 1974 NYDL - Underground Mining Operations, Industrial Code Rule 31, 1974 NYDL - Possession, Handling, Storage and Transportation of Explosives, Industrial Code Rule 39, 1973 NYDL - Open-Pit Mining Operations, Industrial Code Rule 51, 1974 45-306B - Welding and Cutting ANSI - Safety in Welding and Cutting, Z49.1-1973 NFPA -Cutting and Welding Processes, No. 5lB, 1977 45- 306C - Oxy-Fuel Gas Welding and Cutting NFPA - Oxygen-Fuel Gas Systems for Welding and Cutting, No. 51, 1977 45-306E - Acetylene Generator Houses and Rooms lfFPA - Acetylene Cylinder Charging Plants, No. 5lA, 1974 45-306F - Calcium Carbide Storage NFPA - Oxygen-Fuel Gas Systems for Welding and Cutting, No. 51, 1977 NFPA - Acetylene Cylinder Charging Plants, No. 5lA, 1974 45-307 - Fumigants and Thermal Insecticidal Fogging Liquids NFPA- Fumigation, No. 57, 1973 45-311 Magnesium NFPA - Storage, Handling and Processing of Magnesium, No. 48, 1974 NFPA - Aluminum or Magnesium Powder, No. 651, 1974 45-312 - Organic Coatings l~FPA - Manufacture of Organic Coatings, No. 35, 1976 45-315 - Cellulose Nitrate (Pyroxlin) Plastics NFPA - Storage of Pyroxlin Plastic, No. 40E, 1975 §45-603 45-316 - Cellulose Nitrate h[oiion Picture Film NFPA - Cellulose Nitrate l~otion Picture Film, No. 40, 1974 45-404 - Fire Exit Drills NFPA - Code for Safety to Life from Fire in Buildings and Structures, Chapter 17, No. 101, 1976 This local law shall take effect immediately. -47 - ~- which is not applica~ne.i (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No ......... .3. ........ of !9..8.0I., y of the ~.~xx of Southold ;vas duly pa~sed by th~ ............ .T.o.~.II.~BD. altd .......................................... towB ...................................... (Name of Legislative Body} on ............. tY..u.}.~.-....8. ..................... 19..8.0... in accordance with the applicable provisions of law. (Passage by local legislative body with approval or no disapproval by Elective Chief Executive Officer or repassage after disapproval.) I hereby certify that the local law annexed hereto, designatedas local law No ..................... of 19 ........ County City gf the Town of ...................................... was duly passed by the .................................................................................. (Name of Legislative Body) Village not disapproved on .................................................. 19 ........ and was approved by the ....................................................... repassed after disapproval Elective Chief Executive Officer ~ and was deemed duly adopted on ........................................................ 19 ........ , in accordance with the applicable provisions of law. (Final adoption by referendum.) I hereby certifythat the local law annexed hereto, designated as local law No ................... of 19 .......... County of the City of ...................................... was duly passed by the ...................................................................................... 'FOWlq (Name of Legislative Body) Village not disapproved on ................................................... 19 ........ and was approved by the ................................. '. ............................. repassed after disapproval Elective Chief F~ .... tlve Officer * on ...................................................................... 1_9. ........ Such local law was submitted to the people by reason of a mandatory permissive referendum,and received the affirmative vote of a inajority of the qualified electors voting general thereon at the special election held on .................................................... 19 ......... in accordance with the appli~ annual cable provisions of law. (Subject to permissive referendum, and final adoption because no valid petition filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No ................... of 19 .......... County City of the Town of ...................................... was duly passed by the (Name .......... of Legislative Body) on Village not disapproved ...................................................... 19 ........ and was approved by the ......................................................... on repassed after disapprova'l Elective Chief Executive Officer ~ .............................................................. 19 ......... Such local law being subiect to a permissive referendum and no valid petition requesting such referendum having been filed, said local law was deemed duly adopted on ...................................................................... 19 ........ ,-in accordance with the applicable provisions of law. *Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis or~ ~f there be none, the chairnmn ot the connty te~ath~e body, ~he m~yor of a e~Pj' or ~age or the supervSsor of a town, where such' off;~er i~ v~-ted with power re approve or veto ~oea~ law~ oz ordh'mnces. Page 2 (Cit:, [ocai iaw -a ~;~,, Charter re,, proposed by of the City of ......................................................................... having been submitted to referendum pursuant to the ~36 ,. ... _, , -' ' provisions of } 37 of u~=., unlc~pat ~i _,me ~ule Law, and },aving recmved the aff~rmanve vote of a majority special of the qualified electors of such city voting thereon at the gen.eral election held on .................................. ................ 19 ......... became operative. 6. (County local law concerning adoption ofCharter. I I hereby certify that the local law annexed hereto, designated as Lo6al Law No ....... of 19 ...... of the County of ......................................... State of New York, having been submitted to the Electors at the General Election of November ........... 19 ........... pursuant to subdivisions 5 and 7 of Section 33 of the Muni- cipal Home Rule Law. and having received the a!'firmative vote of a ~najority of the qualified electors of the cities of said cOunty as a unit and of a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, bec~rne operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) ~ I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph ......... .1. ................. above. Date: July !0, 1980 ~¢rk of the County !eglslatxve body, C~ty, Town or Villag~ Clerk or officer designated by local legislative body Judith T. Terry, Southold Town Clerk (Seal) (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized Attorney of locality.) STATE OF NEW YORK COUNTY OF .....S..U'.?....~....Q~..K. ........................ I, the undersigned, hereby certify that the foregoing local taw contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto. Signature ........... T 9.w.n..A..tt. qr.n..ey .................. Title Date: July 10, 1980 :~x of ............. .S.. 9...u..t...h..°...1..d. ............................... Page 3 PUBLIC HEARING-LOCA LAW June 26, 1980 SOUTHBLD TOWN FIRE CODE A oublic hearing mas held by the Southold 26th day of June, 1980 at 7:30 o'clock P.M. on Local Lam, entitled "A Local Lam Providing for Fire Prevention Code for the Tomn of Southold". Tomn Board on the the matter of the the Enactment of a Present at the hearing mere: Supervisor Councilman Councilman Councilman Councilman Tomn Clerk William R. Pall III Henry ~. Drum John J. Nickles Laurence Murdock, Jr. George R. Sullivan Judith T. Terry Absent: Justice Francis T. Doyen SUPERVISOR PELL: Thank you all for coming domn tonight. This is a public hearing on the Southold Tomn Fire Code. Councilman Drum mill read the legal notice, COUNCILMAN DRUM: PUBLIC NOTICE is hereby given that there has been presented to the To~n Board of the To~n of Southold, Suffolk County, Ne~ York, on the lOth day of June, 1980, a Local Lam, entitled Local Lam Providing for the Enactment of a Fire Prevention Code for the Tomn of Southotd". Said Local La~ provides that its purpose is to establish reasonable rules and regulations to safeguard life and property from the hazards of fire, explosion, or release of toxic gases arising from the storage, handling, or use of hazardous sub- sltances, materials or devices and shall apply to property, materials and fire safety practices. Copies of said Local Lam are available at the office of the Tomn Clerk to any interested persons during business hours. NOTICE IS FURTHER GIVEN that the Tomn Board of the To~n of Southold ~ill hold a public hearing on the aforesaid Local La~ at the Southold To~n Hall, Main Road, Southold, Ne~ York, on the 26th day of June, 1980, at 7:30 o'clock P.M., at ~hich time all interested persons ~ill be heard. Dated: June 10, 1980 JUDITH T. TERRY, Tomn Clerk Tomn of Southold COUNCILMAN DRUM: I have affidavits of publication in the L.I. Traveler Watchman and affidavit of publication in the Suffolk Weekly Times. Also, this notice has been posted on the To~n Clerk's Bulletin Board, To~n Clerk's Office, Main Road, Southold, Ne~ York. SUPERVISOR PELL: Thank you very much. To bring you up to date, most of you know ~hat me have done in the past on this proposed fire code. This is the official public hearing of the orooosed law. We have had seven information meetings throughout the mhole town, including Fishers Island explaining this proposed law to everyone mho mas interested enough to come out to a firehouse. This is nothing new for Southold Tomn. This is something that has been morked on ~ith the fire chiefs and commissioners for the last eight years. For the last eight years it has been discussed, PUBLIC HEARING-LOCAl .A~ -2- June 26, 1980 SOUTHOLD TOWN FIRE pro and con. Proudly, the first part of this year me have moved formard with the Tomn Board, Tomn Attorney, and a group of comm- issioners and chiefs, went over the New York State Fire Code, page by page, ruled some things out, and some things me left in, and we are going to call it the Southold Town Fire Code. Basically, what this is is a good housekeeping Orocedure. There are several mechan- isms in here that we will discuss tonight, and try to answer any- thing that you might ask. But basically, the way it will work is that each fire district mill recommend to the Town Board a Deputy Building Inspector for fire affairs. This person mill be officially appointed by the Town Board and serve for a period of one year. This individual mill be responsible in his district for enforcement of the proposed Local Law. This individual mill make inspections of commercial properties within his territory. If he finds a violation, he then will contact the Southold Town Building Depart- ment. Then me'll have an inspector, one of three mhich is employed by the Tomn, go down there, evaluate it, if it is a violation, issue a summons. If the person claims it is not a violation, there is in this proposed code a grievance board that they can request to appear before for. Let's say there is a hardship, it is not right to have e grievance procedure already set-up in your mechanism, to take care of that end of it. There is also in here, a section, and if you read it, I forget mhat page it is on, it says permits. 8ut line O says no permits mill be required, on page 3?. If we find, as we ars going along, me have to issue permits, the mechanism is in there to issue permits without a fee attached. But people read, we went around me went by house, they said permits, they didn't read down to line D, there are no permits required at this time. Basically, as I said in the start, this is a good housekeeping code for the orotection of the firemen and of the individuals. This does not pertain to a dwelling, your private homes. Before the inspector can go into any- body's home, he must obtain a marrant from a judge. If a firs in- spector appears at your front door and says he would like to inspect your home for safety, you have the right to refuse them. And if he thinks there is a violation in your home, he must go to a judge and obtain a warrant before he can come into your home and inspect it. I know I'm leaving a lot of things out. Basically, what have I left out gentlemen? Commissioners? COUNCILMAN DRUM: How about the standards? SUPERVISOR PELL: This is the highlight of the proposed code. On the back pages, there are standards that will be referred to. ~e have a set of New York State books on this. I would say the catalog is about three feet long and everything is in there from A to Z. If we have a proposed violation, we can go to mhere ever it is and come back to the Town Hall and take the standard out and make sure we are right. This will be available to ail the other tomns, villages, fire departments. Vinnie, what have I left out? VINCENT ~IECZOREK, CUTCHOGUE FIRE OEPT : Nothing. I think you pretty much covered everything, unless someone has some questions. SUPERVISOR PELL: Any questions? Anyone mant to ask the Board anything on this? Please state your name to the stenographer. ~UBLIC HEARING-LOCAL _AW -3- June 26, 1980 SOUTHOLD TO~N FIRE CODE JOHN BURNS, LAUREL: These inspectors, hom are they going to be appointed? Background and experience, or what? SUPERVISOR PELL: The fire commissioners in their districts mill recommend an individual to the Town Board. It mill be the respon- sibility of each fire department, Southold, Greenport, Orient, East Marion, Mattituck to select an individual. That individual serves for a oeriod of one year at the will of this Board, without pay, he mill get travel expense. JOHN BURNS: No experience required? SUPERVISOR PELL: Firematic school, firematic training. The comm- issioners eill have the responsibility of selecting for the 8pard. I am sure the commissioners sho are elected by the people in their various districts will be very careful screening the people they recommend to this Town Board. JOHN 8URNS: Is there any compensation for any inspectors? SUPERVISOR PELL: Not by inspectors. Inspectors, three of them. The only ment for travel. ~e have our Building Department compensation mill be reimburse- JOHN BURNS: ~ell, does this la~ pertain to existing structures? Existing structures ~ill have to change to conform to this? SUPERVISOR PELL: Basically, yes. JOHN BURNS: I don't think that can be done. You can't change a building that is uo that has conditions. You can't make them change now to conform with this. You cannot do that, that's for sure. COUNCILMAN JOHN J. NICKLES: For instance? Give us a for instance. JOHN BURNS: For instance, let's say storage of combustible materials. Now, it has been stored like this for fifteen or tmenty years. And as far as the lam it's been alright... COUNCILMAN DRUM: ~hat law? There's no la~ right nom. JOHN BURNS: O.K. ~ight no~, there's no lam. So, nom you are to make them change their mays? going SUPERVISOR PELL: ~e are going to make them correct their ~ays for safety yes~ for our firemen and people. JOHN BURNS: Even though it might involve a tremendous expense for the occupant? COUNCILMAN NICKLES: I think mhat I have to say might straighten this out. ~hat Bill mentioned earlier about this reviem board, that mould be to your advantage if you have a situation like you're talking about or something in a residence... PUBLIC HEARING-LOCAL A~ -4- June 26 lg80 SOUTHOLD TO~N FIRE CODE ' JOHN BURNS: I'm not talking about a residence, I'm talking about commercial. COUNCILMAN NICKLES: Alright in a commerCial. If you can show that you have a hardship, they will give you relief from it. But other mards, there isn't any grandfathering of existing buildings, comm- ercial, industrial, or residential, that I'm amare of. If the fire insoector determines that you have a violation, and it is a hardship for you to conform to that violation, you mill come before the review board to get relief. JOHN BURNS: ~hat kind of relief mill you get? If you say, ! can't afford to move this material? ~hat kind of relief will you get from that and still hom do you conform with the law? COUNCILMAN NICKLES: Well, I think maybe one of the firemen will mant to answer. But, I think possibly your example of someone storing combustible materials already falls under existing law. It might come under Oshia or one of the other existing laws that we all have to conform to. JOHN BURNS: ~e still have to conform to state end federal laws. Is your law going to exceed or affect the state? COUNCILMAN NICKLES: This proposed lam, as I understand it, is pretty much in conformation with the New York State Fire Cede. So I don't knom mhere it would be in excess. COUNCILMAN DRUM: People mould be given time, as I said, as Mr. Nickles mentioned to you. Financial hardship, naturally, that mould be recognized and given time to correct the deficiency. JOHN BURNS: O.K. because I was a fire inspector in the city, I worked in the South Bronx for thirty years, and I have a pretty good idea of what goes on. That's why ! asked these questions. SUPERVISOR PELL: Thank you very much. Any other questions? J.C. CORNELL: Yes, I certainly do. I go along with mr. 8urns. I would like to ask along with mr. Burns, the qualifications of someone like this, as he ~ointed out, I don't intend to have a drug clerk or someone else come in and be appointed here and come in and tell me that I have a violation, electrically, in my house, and tell me, that if you get a war~ant on it, they're going to tell me.. I go by the New York Board of Fire Undermriters that tells me whether I have anything else.. Nobody from around hera is going to come in and tell me that I have a violation electrically, unless they'~e qualified to do it. And this applies, you know the legistics of this mhole thing, and ! read it through many many times.. I'd like to find anyone, including all of you and anybody in this place that can actually go and inspect every- thing that is in this thing, here, everything, and be qualified to do it. Hom can you impose this on us, on a taxpayer, and appoint some- body from a fire district to be an inspector, and maybe ~e don't know mhich way is upi And he is going to come in and tell us mhat is mrong he's going to come back, and of course we have recourse, as you say, a hardship and everything you say, in the mean time it is costing the taxpayer money to fight this thing to go to court or go to hearings and everything else to fight it. Now, maybe you may min, but, now, ~UBLIC HEARING-LOCAL AW -5- June 26, 1980 SOUTHOLD TOWN FIRE CODE just a minute, will you let me finish, then you can talk, alright? (Councilmen ~urdock had raised his hand.) COUNCILMAN MURDOCK: yes, sure, of course. J.C. CORNELL: Why should we have to go through all of this expense to fight somebody that isn't quelified to tell us that we are wrong? Now, if you adhere to the New York Stats Code, Then put a Civil Service exeminetion up so that they will be qualified to take care of these jobs, not just appoint them off the top of your head, from anybody out here that is politicelly inclined. Why should we pey for this and everything else, when they're not ectuelly quelified to do the job? And also, you know another thing, who is voting on this, are you fellows voting on this, or is the Town voting on it, or people voting on it, on this code, on adopting this code~ SUPERVISOR PELL: The Town Board. J.C. CORNELL: The Town 8pard. The last thing in here "This Local Law shall take effect immedietely" So what are we here for, just to spout off, you already adopted this thing according to this "This Local Law shall take effect immediately". COUNCILMAN DRUM & COUNCILMAN NICKLES: We heven't edopted it yet. J.C. CORNELL: Well, why out it in here then? COUNCILMAN NICKLES: It has to be part of the statute. J.C. CORNELL: Thet is, of course, the greatest thing in the world when you leave yourselves .... Then on page two "Severability, Sec. 45-106. If a term, part, provision, section, subdivision, or paragraph of this Code shall be edjudged unconstitutionel, invelid or ineffective, in whole or in pert, such determination shell not be deemed to affect, impair, or invalidate the remainder of the terms, parts, provisions, sections, subdivision, or paragraphs. In other words, if we fight one particular part of this, at our expense, to go through this thing and beat you, nobody cares, so O.K. you won, Mr. Cornell, but now the rest of it still applies, until somebody else fights it again. You really got out from under with that one. So, I don't understand this... COUNCILMAN NICKLES: Mr. Cornell. That is in every local law or ordinance. You look et your zoning regulations. They have that severability in there, so that if one thing is adjudged to be unconstitutional or whatever, your whole zoning code doesn't go down the tubes in one fell swoop. J.C. CORNELL: No, I don't expect it COUNCILMAN NICKLES: ~ell, that's the same ..... J.C. CORNELL: But, you're leaving yourself a loo~ hole here, how do you explain to the taxpayer? He has got to fight each individual section of this whole code, at their expense? SUPERVISOR PELL: It's in all Local Laws. PUBLIC HEARING-LOCAt AW -6- June 26, 1980 SOUTHOLO TOWN FIRE CuOE JOHN LADEMANN: In answer I think that the building by the Fire Underwriters, to Mr. Cornell's question, on the electrical, inspector would call for a courtesy inspection if he thought that there was e violation. SUPERVISOR PELL: yes, Mr. Burns in the back. JOHN BURNS: You say about if there be any existing violations .... There is not a private residence out here that is not a violation of the law. Not one, that has a garage. Every garage wall must be fire- retardant, fire-proof with a fire-proof door separating the garage from the upper house, no open windows and yet almost everyone has it. Now, you're going to make them change? COUNCILMAN DRUM: Now, remember, we said we did not apply it private dwellings? JOHN BURNS: But it is COUNCILMAN DRUM: But, to dwelling that exists by violation! are not talking about private dwellings. JOHN BURNS: Suppose, I tell you I have nothing to hide? COUNCILMAN DRUM: Well, fine. JOHN BURNS: Suppose I say I don't want him to come in? COUNCILMAN ORUM: He does not come in. JOHN BURNS: But, he can get a warrant to come in. COUNCILMAN DRUM: No way, is anyone, they are not going way into your home. COUNCILMAN DRU~: He is not permitted, only if you.. JOHN 8URNS: You just said he can come to your door you let himl COUNCILMAN DRUM: No, only if you wish.. JOHN BURNS: If not, he can go in with a warrantL COUNCILMAN DRUM: If you let him in .... JOHN BURNS: Alright, I'm a good fellow, I let him in.. COUNCILMAN DRUM: You're inviting him in? Your only advice, sir, why would you invite him if you didn't want him to look at your home? and come in, if to force their MARGARET BURNS: They can look in your window. JOHN BURNS: They're not going to force their way, they're going to obtain a warrant. COUNCILMAN DRUM: No way, this is not for private dwellings. JOHN BURNS: But, su~oose your inspector comes in to look at it? PUBLIC ~EARING-LOCAL AW -7- June 26, lg80 SOUTHOLO TO~N FIRE COOE JOHN BURNS: Every building out here that has wooden shingles is a violation. COUNCILMAN DRUM: It's not for private dwellings. JOHN BURNS: It is a violation! SUP£RVI$OR PELL: O.K. gentlemen, let's one talk at a time. ~s have a young lady down here on my right trying to take this all down. JOHN BURNS: SUPERVISOR the travel it, yes. Oh, one thing. Is this going to cost the taxpayers money? PELL: Not a penny. The only thing it will cost will be expense that will be incurred by the inspectors in enforcing PETER COLEMAN: I would like to answer a lot of the pressure of ~uestions that might have come u~ over this. ~s you will read on the first page, the ~ur~ose of the code is to establish reasonable rules and regulations.. Reasonable. I don't think that the intent of the fire service in this areas has ever been to over burden you or anyone else with unreasonable situations. I think that we have noticed over the years, end there is a lot of experience all added up hare amongst all the people that I know, that we have run into situations where extremely hazardous situations existed, we had no ~ower over it to do anything about it. Case in point, in which I was chief in Mattituck lest year, when the storage tanks became a problem, as you know. This is one of the things that brought it to a head. We ware totally powerless to do anything. So I think that the major emphasis of the whole thing is going to be on serious situations existing on commercial properties. Case in ~oint, also, is the firewall in the garage. For the last twenty something years, we have had a building code. And I used to do a lot of inspections on new dwellings. That's been a part of the building code for over t~enty years, the firewall between the house and the garage. And I don't believe that there is any intent to go so close of the letter of the law, to go into your house that might be twenty-one years old and make you ~ut a firewall in. ~e're not out ~itch~hunting. Nobody is looking for sim~le little violations. ~e're looking for big problems. But, we also like to have the clout of the law behind us to save us an awful lot of g=ief, a fireman's life, because of someone storing a thousand gallons of gasoline in the back of an old wooden garage, a commercial building, I'm talking about. Because, also, a year ago, when all of the gasoline problems arose, ! know of people who had a hundred gallons of gasoline in a private garage. Now, if you saw your neighbor dragging in a hundred gallons of gasoline, you should be able to call the Town and say, hey this guy is going to blow me and him and everybody else in the neigh- borhood u~. There should be some recourse or something to go on. Right now, we have nothing. ~e like to have a little bit of safety behind us when we run into something. I think you know that we are all out to do the job, ~e get nothing for it, but wa all care. This is our community and we want to know that we have a little bit something behind us. That's the intent. The purpose is for reasonable. And that's what ws are all behind, all of us here, who read this code a hundred times over. J.C. CORNELL: I agree with this gentleman. ~hen he speaks this way you have to go along with him. However, it still empowers these PUBLIC HEARING-LOCA LA~ -8- June 26, Ig80 SOUTHOLO TO~N FIRE CODE inspectors, $ith too much poser, as far as I'm concerned. No~, he is talking about commercial buildings. But, this man said it doesn't include dsellings. It certainly does include dsellings, right in here.. COUNCILMAN DRUM: ~ell, ~hen I say.. J.C. CORNELL: and everything else, so don't tell me..Would you mind please, let me fin£sh, alright.. COUNCILMAN DRUM: Yes, sure. J.C. CORNELL: Thank you. I'm telling you that this does include daellings. And it empowers you ~ith too much here mith people aho are not qualified to judge. ~ith all due justice to all the past fire chiefs that are in this building right no~. They have a lot of knowledge about fire, there is no question in my mind, more so than I. But that doesn't give them the pomer to go in and tell me that my electricity is ~rong or something else, mhich is ~hat you're telling us here or my plumbing is arong or something else. No~, they are not qualified on all phases of this, ~here they can pin you do~n, ~here it is going to cost the taxpayer money. They can come in and give you a violation for anything. At your expense, if you beat it fine, but it is going to cost you money and time to do it. And then the code is beaten domn and ahat not, and so ~hat, O.K. ~e lost. But in the meantime, it cost the taxpayer money. This is ~hat I'm trying to get at. ~ho is qualified to go into all the phases of this thing that you have here? and tell us about it? SUPERVISOR PELL: The Board aill take that into consideration. Does anybody else ~ish to be heard? Mr. Murdock, yes. COUNCILMAN LA~RENCE MURDOCK, JR.: The thing I think Mr. Cornell is overlooking in terms of the deputy fire inspector is that he ~ill, ~hen he deems there is a violation, he must bring it to the building inspector to the building department. And the building inspector, ~ho does have civil service standing, ~ho has taken all of his tests required, ~ill make the final inspection and apply the la~ as it appears to be. He ~ill not, the deputy inspector ~ill not ~rite the violation himself. He is not empowered to do so, he is only empowered to recommend to the building inspector that there is a violation in existence and it should be taken care of. J.C. CORNELL: You said something, you said our building inspectors are civil service qualified? No ~ay. No way. George Fisher, Eddie Hindermann, Curt Horton are not civil service qualified. CURT HORTON, SOUTHOLO TOWN BUILDING INSPECTOR: I beg your pardon, Mr. Cornell. I took the test and I passed it. That's right. d.C. CORNELL: You ~ent into the t~o ~eek course, right? SUPERVISOR PELL: ~e are here to discuss the fire code. We're getting into personalities. I'd like to say on the fire code, ~e appreciate everyone's remarks. Does anybody else $ish to be heard on the proposed fire code? PUBLIC HEARING-LOCAL LAW -9- June 26, 1980 SOUTHOLD TOWN FIRE CODE SUPERVISOR PELL: Mr. Frank Bear, you have your hand up. FRANK BEAR, N.F.E.C.: I'm not sure this is the time to say it. After the incident at the tank farm last summer, at least three to four organizations have petitioned this Town Board to pass a fire code. It was the Mattituck Inlet Association, the Captain Kidd Association, the League of ~omen Voters, the Audubon Society, and the North Fork Environmental Council, that's five. Because at that time, as was pointed out to you a while ago, the fire chief was unable to even get on the property and to make an inspection, he had no power at all. Under the circumstances, it was very danger- ous and hazardous. I think that this Town 8oard deserves a lot of credit for bringing this to this point, for working ~ith the fire chiefs and commissioners and I would urge very strongly that this fire code be adopted. SUPERVISOR PELL: Doss anybody else ~ish to comment on the proposed fire code? If not, I will call this to a... COUNCILMAN NICKLES: I don't ~ant to prolong this, but ............. someone mentioned the underwriters code, I think in the standards, Mr. Cornell, in the standards you mentioned underwriters, the electrical under~riters code when you build a house, you conform to that. ! think that, you ~ere applying that to the basis of the electrical requirements in here. But, if you come to inspect a house, you look do~n at the box at the under~riters certificate, I think this says confidently that the house conforms to this code. J.C. CORNEEL: Well, Hopefully so, Nickles. But, I am saying that it leaves a lot to be desired, you kno~. ~e'd like to have it spelled out in laymens language, rather than to contend with this. And incidently, while I'm at this, I don't know ~hether I should apologize to Mr. Horton or not, when I said about this civil service, he went and he did pass his test and all, but it still isn't civil service. But, I ~ant to apologize to him, I didn't mean to make him look small. But now, to go back to what you said, who is going to administer and enforce these la~s? No~, is it going to be the deputized so-called building inspectors? Are they going to go in and they're going to see something that they think is wrong and they're going back to the building insbectors, and the building inspectors are going to go and look up all the New York State Codes and stuff, because they don't kno~ themselves and they are going to call a particular agency and everything else, and wait for this and in the mean time. SUPERVISOR PELL: We believe it can be done locally with our building department. ~e have all the code books here. We have the assistants that will come in and pick a code book up and see if they have a violation prior to bringing it to the building department. In this end, I think ws have it pretty well tied to a local level. Does anybody else wish to be heard? Yes. J.C. CORNELL: Yes, the big loud mouth. You're appointing one inspector, so to speak, from each fire district in the Town of Southold for one year, without compensation. At the end of one year it is at the descretion of the 8oard to do what? To appoint these fellows permanently at a salary? PUBLIC HEARING-LOCAL LAW -10- June 26, 1980 SOUTHOLD TOWN FIRE COOE SUPERVISOR PELL: No salary, they could be re-abpointed, they could rotate. J.C. CORNELL: Suppose, that you decide that you need these additional inspectors? Can you just appoint thasa seven men now? SUPERVISOR DELL: We cannot change this proposed code without having another public hearing. If ~e have to change one ~ord in this proposed code after it is adopted, we must hays another public hearing like this. If ~e are going to make them full-time fire inspectors under this fire law, ~e would have to have a public hearing. Any word change in this code, where it is a local law requires a public hearing like this. SUPERVISOR PELL: Ooas anyone else wish to be heard? (Thare was no response.) SUPERVISOR PELL: If not, I will call the hearing to a close, and thank you all for coming out, and say that this is the end of perhaps eight years of work for some people. Thank you. This hearing was adjourned at 8:0~ P.~. (There were 19 people present.) Respectfully submitted, LEGAL NOTICE PUBLIC HEARING PUBLIC NOTICE is here- by .gh~t ~ !m been folk CoUnty, New Yesk~ mi the !0thda~ of Ju~, Im, a Local taw, entitlnd'~A~Lo~l Law of a Fire Prev~o~l Cbde for safeguard life and property from the hazards of fire, ex- plesion, or release of toxic gases arising from the stor- age, handling, or use of hazardous substances, mater- ials or devices and shall apply to property, materials and fire safety practice. Copies of said Local Law are available at the Office of the Town Clerk tony interested persons dur/ng buSiness NOTICE IS FuF/THER GIVEN ti'mt the TownBeard of the Town of Southoid will hold a public hearing on the aforesaid Local LaW at the Southold Town Hall Main Road, Southold, New ~0rk, on the 26th day of June, l~0, at 7:30 o'clock P.M., at!which time all interested persons will be heard. DATED: June 10, 19~0. JUDITH T. TERRY TOWN CLERK TOWN OF SOUTHOLD 1TJ19-3467 COUNTY OF SUFFOLK, ] ~ ss: STATE OF NEW YORK, j ........ J.O.A?..G..U~'2...A.V..~.O~ ............. being duly Sworn. says that . .S.~..E... is Printer and Publisher of the SUFFOLK WEEKLY TIMES, a newspaper published at Greenport, in said county: and that the notice, of which the annexed is ~ printed copy, has been published in the said Suffolk Weekl~ Times once in each week, For ONE weeks successively oommencing on the NTNE~.EEHT~ ............ day of ......... 0'~NE ....... 19 B,~J Sworn to before me ~l~is ... ~.~ch... l day of . .O'v, ne ............ 19~(~.. J ............ .... HELEN K DE VOE NOTARY PUBLIC, State ot New York No 4707878, Suffolk County Term Exp*res Mazch 30, 19~ LEGAL NOTICE PUBLIC HEARING PUBLIC NOTICE is hereby given that there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 10th day of June, 1980, a Local Law, entitled "A Local Law Providing for the Enact- ment of a Fire Prevention Code for the Town of South- old". Said Local Law provides that its purpose is to establish reasonable rules and regulat- ions to safeguard life and property from the hazards of fire, explosion, or release of toxic gases arising from the storage, handling, or use of hazardous substances, mater- ials or devices and shall apply to property, materials and fire safety practice. Copies of said Local Law are available at the office of the Town Clerk to any interested persons during business hours. NOTICE IS FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aofre- said Local Law at the Southold Town Hall, Main Road, South- old, I~¢~ York, cn the 26th day of Ju,~e, 1980, at 7~30 o'clock P.M., at wi~ich time all interested persons will be h-~ard. Dated: June 10, 1980 JUDITH T. TERRY Town Clerk Town of Southold IT, 6/19/80 (12) CC)UI, iTY O~ SUFFOLK STA'I'~E OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHJVg~.N, c public newspaper printed at $outhold, in Suffolk County; and that the notice of which the annexed is a printed copy, nas been published in said Long Island Traveler-Watch- man once each week for .............. /.. ....................... weeks Sworn to before rn~ this ........................ cloy ot Notary Public NOTARY PIJaLIC, State of New ~.~ 52-9321725 Commission Expires March 30