§ 30-8. Duties of Division of Fire Prevention.

A. 

It shall be the duty of the Chief Fire Marshal to inspect or cause to be inspected by the Division of Fire Prevention all buildings and premises, except the interiors of one-family dwellings, as often as may be necessary for the purpose of ascertaining and causing to be corrected any condition liable to cause fire or endanger life from fire or any violations of the provisions or intent of this chapter and of any other local law affecting the fire hazard.

B. 

The Chief Fire Marshal and the Division of Fire Prevention shall cooperate with the Board of Fire Commissioners and other fire district officers in making inspections within a fire district and inspect any buildings and premises within a fire district or protected area at the request of the Board of Fire Commissioners or of the Chief of the Fire Department which protects the area in which the buildings or premises are situated.

C. 

Nothing contained in this chapter shall be construed as in any way limiting or restricting the power of any Board of Fire Commissioners or of any Fire District officer to make inspections or investigations pursuant to law.

D. 

It shall be the duty of the Chief Fire Marshal to inspect or cause to be inspected by the Division of Fire Prevention all exterior areas adjacent to or adjoining any structure or building, except one-family dwellings, for the purpose of designating said areas or portions thereof as fire zones. Any areas so designated shall be plainly defined and marked as such in a manner prescribed by the Chief Fire Marshal.

E. 

It shall be the duty of the Division of Fire Prevention to investigate the origin, cause and circumstances of the following when said condition or occurrence is within the Town of Brookhaven:

(1) 

Every fire involving injury or loss of life.

(2) 

Every suspicious fire.

(3) 

Every fire which the Chief Fire Marshal determines worthy due to its size, speed or unusual conditions.

(4) 

Every hazardous condition or occurrence which might present a clear and present danger to the health, safety and welfare of the general public.

(5) 

Every fire or related condition or occurrence when requested by the local Fire Department, Fire District or other duly authorized agency.

F. 

It shall be the duty of the Chief Fire Marshal and the Division of Fire Prevention, upon request, to assist the local Fire Department, the local Fire District or any other duly authorized agency in the mitigation of any hazardous condition or occurrence which might present a clear and present danger to the health, safety and welfare of the general public when such event shall occur in the town provided, however, that any member of the Division of Fire Prevention may take appropriate action to protect the health, safety and welfare of any person, or to minimize damage to property in the event of an emergency. For purposes of this section, an emergency is defined as an unforeseen occurrence or condition that calls for immediate action.

[Amended 9-18-1997 by L.L. No. 14-1997, effective 9-22-1997; 9-1-1998 by L.L. No. 22-1998, effective 9-4-1998]

(1) 

The person or entity responsible for the spill, discharge or other release of any material that creates any hazardous condition or occurrence as described in § 30-8F above shall reimburse the Town for all expenses incurred by the Town for the mitigation and investigation of the hazardous condition or occurrence. This section shall not apply to accidental spills or releases of home heating oil, swimming pool treatments or similar materials within or on the premises of single-family dwellings, unless such spill or release was due to a negligent or intentional act.

G. 

It shall be the duty of the Division of Fire Prevention to assist any Fire Department, Fire District, municipality or any other duly authorized agency not within or part of the Town of Brookhaven, when assistance is requested by such Fire Department, Fire District, municipality or duly authorized agency, in the mitigation or investigation of the origin, cause and circumstances of any fire or hazardous condition or occurrence which might present a clear and present danger to the health, safety and welfare of the general public, regardless of the place of occurrence, provided that the Commissioner of Public Safety or his/her designee shall first approve the renderings of such assistance.

[Amended 9-18-1997 by L.L. No. 14-1997, effective 9-22-1997; 3-1-2005 by L.L. No. 8-2005, effective 3-4-2005; 2-28-2019 by L.L. No. 7-2019, effective 3-12-2019]

(1) 

The person or entity responsible for the spill, discharge or other release of any material that creates any hazardous condition or occurrence as described in § 30-8F above shall be responsible to reimburse the Town for all expenses incurred by the Town for the mitigation and investigation of the hazardous condition or occurrence. This section shall not apply to accidental spills or releases of home heating oil, swimming pool treatments or similar materials within or on the premises of single-family dwellings, unless such spill or release was due to a negligent or intentional act.

(2) 

It shall be the duty of the Fire Department, Fire District, municipality or other duly authorized agency not within or part of the Town of Brookhaven, to provide all necessary assistance in identifying the person or entity responsible for any spill, discharge or other release as described in § 30-8G(1) above and all reasonable assistance in obtaining reimbursement for the Town of Brookhaven therefrom.

H. 

It shall be the duty of the Division of Fire Prevention to enforce the applicable provisions of the New York State Uniform Fire Prevention and Building Code (commonly referred to as the "NYS Uniform Code") in addition to any other laws, rules, codes or regulations duly adopted by the Code of the Town of Brookhaven.

[Added 4-17-2001 by L.L. No. 12-2001, effective 4-20-2001]