Chapter 8, FIRE PREVENTION AND PROTECTION

ARTICLE I. IN GENERAL

§ 8-1. Keeping or storing of flammables restricted.

(a) No person shall keep or store within the limits of the Village of Tuckahoe any gasoline, benzine, naphtha, ether, benzoyl or any other flammable volatile of like character (except kerosene) in greater quantity than two (2) gallons, except in properly constructed underground tanks which, when within a building, shall be buried not less than five (5) feet below the level of the basement floor or, if without a building shall be buried not less than two (2) feet below the level of the basement floor and, if more than ten (10) feet distant from a building, shall be buried not less than two (2) feet below the surface of the ground; and which in all cases shall be drawn from the aforesaid tanks by approved safety pumps with all piping so arranged as to drain back to the tank.

(b) Inflammable liquids shall not be drawn or handled in the presence of an open flame or fire, but may be drawn and handled when lighting is by incandescent electric lamps with vaporproof globes and keyless sockets and the installation is otherwise fully in compliance with all the requirements of the National Electrical CodeEN and said rules and regulations thereof are hereby made a part of this section, as affecting all electrical equipment. Smoking shall be prohibited and signs to this effect shall be posted wherever flammable volatiles are stored or handled.

(c) Any person now handling or storing or such as propose in the future to handle or store flammable volatiles in excess of the quantity of two (2) gallons shall make written application to the Board of Trustees and the said Board, through its duly appointed and properly accredited representative, shall forthwith make an inspection of the premises used or proposed to be used, as the case may be, for such sale or storage and the means of distribution, and if the conditions, surroundings and arrangements are such that the intent of the section is observed, then the Board shall issue a permit that such sale, storage or distribution may be conducted; and before any new installation is covered from sight, a notification in writing shall be given to the Board, which shall, through its duly appointed and properly accredited representative within forty-eight (48) hours after receipt of such notification, inspect the installation and give written approval or disapproval. Upon the failure of the Board of Trustees to inspect within the specified time, the installation may be covered, but shall be subject to inspection by the Board at the expense of the village. (Ord. No. 10, §

§ 1 - 3, 3-30-1931)

§ 8-2. Keeping or storing of explosives restricted.

(a) No person or persons shall, except as hereafter provided, have, keep or cause to be kept, in any store, house, manufactory or other building or in any place within the village, any quantity of gunpowder, rock powder, dynamite or any other explosive, exceeding five (5) pounds in weight, nor keep any gunpowder, rock powder, dynamite or other explosives whatever in any place or building except in sheet iron canisters or other proper receptacles satisfactory to the Chief of the Fire Department or the Board of Trustees or its authorized representatives, which receptacles shall at all times be kept securely closed, except when necessary for its delivery or sale.

(b) When satisfactory evidence of its need is produced, the Board of Trustees may, on request, grant by formal resolution permission to store, under proper and safe conditions, a quantity greater than five (5) pounds of such explosives but not exceeding two hundred and fifty (250) pounds, and the permit shall require that such explosives be stored in accordance with all laws and regulations of the State of New York or any department thereof. Before issuing such a permit, the Board of Trustees may require that suitable bond be filed.

(c) No person or persons shall carry or cause to be carried any gunpowder, rock powder, dynamite or other explosives through any street, lane or alley in any cart, vehicle, wagon or other conveyance unless the same is secured in tight casks, kegs or cases of sheet iron or other suitable metal, except that dynamite may be transported in the original packages.

(d) No explosives shall be transported upon or along any highway or public place between sunset and sunrise.

(e) No person in charge of or in or upon any such vehicle containing explosives shall smoke or have any other fire in or upon the said vehicle, nor shall any person drive or ride upon such vehicle while intoxicated or conduct himself in a careless or reckless manner in or about such vehicle or load such vehicle in a careless or reckless manner or while smoking or intoxicated; nor shall any exploders, detonators, blasting caps or chemicals or mechanical ignitors be placed or carried in or upon any vehicle containing explosives. (Ord. No. 10, §

§ 4 - 8, 3-30-1931)

§ § 8-3 - 8-15. Reserved.

ARTICLE II. FIRE PREVENTION CODE

§ 8-16. Adoption of standards.

There is hereby adopted by the village, for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, the code known as the "New York State Uniform Fire Prevention and Building Code" which is hereby adopted and incorporated as fully as if set out at length in this chapter, and the provisions thereof shall be controlling within the limits of the village. (L.L. No. 2-1980; L.L. No. 7-1988, § 1)

§ 8-17. Definitions.

Wherever the word "municipality" is used in the Fire Prevention Code adopted by this Article, it shall be held to mean the Village of Tuckahoe. Wherever the term "corporation counsel" is used in such code, it shall be held to mean the Village Attorney.

§ 8-18. Enforcement.

The Fire Prevention Code adopted by this Article shall be enforced by the Chief of the Fire Department or by any other person designated by the Village Board of Trustees.

§ 8-19. Modifications.

The Chief of the Fire Department shall have power to modify any of the provisions of the Fire Prevention Code adopted by this Article upon application in writing by the owner or lessee, or his duly authorized agent, when there are practical difficulties in the way of carrying out the strict letter of such code, provided that the spirit of such code shall be observed, public safety secured and substantial justice done. The particulars of such modification, when granted or allowed, and the decision of the Chief of the Fire Department thereon shall be entered upon the records of the Fire Department and a signed copy shall be furnished the applicant.

§ 8-20. Permits in addition to those required by code.

The Mayor and the Chief of the Fire Department shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes or occupancies which shall require permits in addition to those now enumerated in the Fire Prevention Code adopted by this Article. The Chief of the Fire Department shall post such list in a conspicuous place in his office and distribute copies thereof to interested persons.

§ 8-21. Appeals.

Whenever the Chief of the Fire Department shall disapprove an application or refuse to grant a permit applied for under the Fire Prevention Code adopted by this Article, or when it is claimed that the provisions of such code do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Chief of the Fire Department to the Village Board of Trustees within thirty (30) days from the date of the decision appealed.

§ 8-22. Annual report of proceedings under code; recommendation as to amendments.

A report of the Chief of the Fire Department shall be made annually and transmitted to the Mayor. Such report shall contain all proceedings under the Fire Prevention Code adopted by this Article, with such statistics as the Chief of the Fire Department may wish to include therein. The Chief of the Fire Department shall also recommend any amendments to the code which, in his judgment, shall be desirable.

§ 8-23. Violations.

(a) Any person who shall violate any of the provisions of the code adopted by this Article or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder or any certificate or permit issued thereunder and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the Chief of the Fire Department or by a court of competent jurisdiction, within the time fixed therein, shall severally, for each and every such violation and noncompliance respectively, be guilty of a misdemeanor. The imposition of one penalty for any violation shall not excuse the violation nor permit it to continue, and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and, when not otherwise specified, each ten (10) days that prohibited conditions are maintained shall constitute a separate offense.

(b) The application of any penalty for such violations shall not be held to prevent the enforced removal of prohibited conditions.

§ 8-24. Motor vehicle filling station, public garage and underground motor fuel storage tank regulations; scope.

The provisions of § § 8-24 through 8-27 shall apply to the use, storage and handling of motor vehicle fuels and lubricants and to the materials and procedures associated with the repair and service of motor vehicles. (L.L. No. 3-1980)

§ 8-25. Monitoring of electronic leak-detecting systems.

All motor fuel storage tank installations must be provided with a constant monitoring electronic leak-detecting system that gives visual and audible warning signals and is approved by the Fire Chief of the Town of Eastchester. All motor fuel storage tanks installed prior to the enactment of this section must be in compliance with this section within twelve (12) months of the date of such enactment. (L.L. No. 3-1980)

§ 8-26. Tank and line testing requirements.

(a) Whenever there is reason to believe that flammable liquid tanks or lines are leaking, the owners thereof shall advise the Eastchester Fire Department. Upon the request of the Fire Chief, the owner or operator of the facility shall have such suspect tank or lines tested for tightness. All costs for such testing shall be borne by either the owner, operator or supplier.

(b) Reasons for giving notice of possible flammable liquid leakage shall include, but not be limited to, warning signals provided by leak-detecting devices, discovery of inventory losses in excess of metered sales or use, the presence of liquid seepage in the reasonable vicinity of the tanks or lines or persistent odors in adjacent premises.

(c) Tank and line test shall be those approved by the Eastchester Fire Department and shall include those meeting the criteria of the National Fire Protection Association Bulletin No. 329, as amended, as to accuracy and method. Air tests shall not be made on existing underground tanks or lines.

(d) During installation of tanks where all joints, fittings and seams may be air-tested in the presence of the Fire Chief or his representative, a soap solution or other bubble-producing material shall be applied to the new tank fittings and piping. The recommended pressure for testing of new tanks and piping shall not exceed ten (10) pounds per square inch. (L.L. No. 3-1980)

§ 8-27. Penalties for violations or failure to comply.

(a) Any person who shall violate any of the provisions of §

§ 8-25 and 8-26 hereby adopted or fail to comply therewith or who shall violate or fail to comply with any order made thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the Village Board of the Village of Tuckahoe by a court of competent jurisdiction, within the time fixed herein, shall severally, for each and every such violation and noncompliance respectively, be guilty of a misdemeanor, punishable by a fine of not less than one hundred dollars ($100.) nor more than one thousand dollars ($1,000.) or by imprisonment for not less than ten (10) days nor more than a period of one (1) year, or by both such fine and imprisonment. The imposition of a penalty for any violation shall not excuse the violation nor permit it to continue, and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each day that prohibited conditions are maintained shall constitute a separate offense.

(b) The application of the above penalties shall not be held to prevent the enforced removal of prohibited conditions. (L.L. No. 3-1980)

§ § 8-28 - 8-33. Reserved.

ARTICLE III. OIL-BURNING EQUIPMENT AND FUEL OILS

§ 8-34. Application and scope.

(a) This Article applies to oil-burning equipment for installation in furnaces and boilers used for heating dwellings and for various commercial and industrial applications. Note: For the installation of oil burners in stoves and ranges originally designed for solid fuels, see separately published regulations.

(b) This Article is intended to prescribe reasonable provisions for the installation of oil-burning equipment, based on minimum requirements for safety to life and property from fire. It covers the installation of the oil burners and all equipment connected thereto, including tanks, piping, pumps, control devices and all accessories. Careful attention to the maintenance and proper operation of the equipment is necessary for the continued safety of oil-burning equipment

(c) Definitions. Wherever the word "approved" appears in this Article, it shall mean equipment, accessories, etc., as approved and in compliance with the requirements of the National Board of Fire Underwriters. (Ord. No. 27A, § I, 4-26-1935)

§ 8-35. Permit.

(a) No person shall install or operate or remodel an oil-heating burner and/or no person shall store fuel oil in or on his or any premises in the Village of Tuckahoe without having first applied for and obtained a permit to do so from the Village Clerk. This permit shall be in duplicate.

(b) Immediately upon being issued, one (1) copy of the permit shall be framed and protected by glass and be displayed in the room where the burner is located, and it shall be prohibited for anyone to operate an oil burner or supply fuel to the burner or place fuel in a tank connected to a burner unless the permit is so displayed and in effect. A duplicate copy of the permit shall be filed at the headquarters of the Eastchester Fire Department. (Ord. No. 27A, § II, 4-26-1935)

§ 8-36. Fees.

An applicant for such permit shall pay to the Village Clerk at the time of applying the sum of ten dollars ($10.), which shall be retained whether or not a permit is granted. (Ord. No. 27A, § III, 4-26-1935; Ord. of 7-29-1969)

§ 8-37. Requirements of application.

The application shall state the following information:

(1) Name and address of the applicant.

(2) Location where oil-burning equipment or fuel oil is to be stored.

(3) Maximum quantity of fuel oil to be stored.

(4) Dimensions of storage tank.

(5) Gauge of metal in tanks.

(6) Name of burner.

(7) Name of company installing.

(8) Grade of oil to be used.

(9) Whether or not the burner has been approved by the National Board of Fire Underwriters. (Ord. No. 27A, § IV, 4-26-1935)

§ 8-38. Duties of the Village Clerk.

The Village Clerk shall make out an application in duplicate, and forward this information to the Chief of the Fire Department who, after inspection of the premises, shall endorse his recommendations which he believes to be necessary for carrying out the provisions of this Article. If in the opinion of the Fire Chief it is deemed necessary to file and furnish a detailed plan, the same shall be drawn to a scale of one-fourth (1/4) inch to the foot showing clearly thereon the following:

(1) Location of building or buildings where burner or burners are to be located.

(2) Nature of construction, dimensions of buildings and purpose for which occupied.

(3) Size and layout of all piping connected with the installation. (Ord. No. 27A, § V, 4-26-1935)

§ 8-39. Issuance of permit.

Upon the filing of the application as required in § 8-38 and its approval by the Chief of the Fire Department, the Village Clerk may, upon his approval of the application, issue a permit for the installation of the equipment. (Ord. No. 27A, § VI, 4-26-1935)

§ 8-40. Approved burners.

(a) Oil burners shall be of a type approved by the Laboratories of the National Board of Fire Underwriters specifically for use in house heating furnaces and boilers.

(b) Oil burners for which a competent attendant will not be constantly on duty in the room where the burner is located, while the burner is in operation, shall be arranged to prevent abnormal discharge of oil at the burner by means of equipment specifically approved for the burner with which it is used. Note: Burners so equipped are listed by Underwriters' Laboratories as domestic oil burners.

(c) Oil burners for which a competent attendant will be constantly on duty in the room where the burner is located, while the burner is in operation, are not required to be equipped with automatic means for preventing abnormal discharge of oil at the burner. When automatic features are installed in connection with oil burners of this type, such automatic devices shall be specifically approved for use with the burner to which they are attached. Note: Oil burners of this type are listed by Underwriters' Laboratories as industrial oil-burning systems. (Ord. No. 27A, § VII, 4-26-1935)

§ 8-41. Fuel oil.

(a) Fuel oil used with the burners to which these regulations apply shall have a flash point of not less than one hundred and thirty-five degrees Fahrenheit (135° F.), and shall be a hydrocarbon oil, free from acid, grit and fibrous or other foreign matter likely to clog or injure the burners or valves. The flash point shall be determined by the Pensky-Martens Closed Tester, in accordance with the method of test adopted by the American Society for Testing Materials (ASTM Designation D93-22), except that the Tag Closed Tester (ASTM Designation D56-21) shall be authoritative in case of dispute concerning oils having a flash point in the vicinity of one hundred and thirty-five degrees Fahrenheit (135° F.).

(b) The grade of fuel oil used with any burner shall be one approved by the list of inspected oil burners issued by Underwriters' Laboratories which gives, for each burner, the minimum grade of fuel oil for which the burner is suitable. (Ord. No. 27A, § VIII, 4-26-1935)

§ 8-42. Gravity feed to burners.

(a) Gravity feed shall be used only with burners arranged to prevent abnormal discharge of oil at the burner by automatic means specifically approved for the burner with which it is used.

(b) Gravity supply tanks shall not exceed two hundred seventy-five (275) gallons' individual capacity. Where more than one (1) gravity supply tank is used, such tanks shall be connected to the feed pipe leading to the burner through a manually operated, approved three-way valve in such a way that only one (1) tank can discharge its contents at a time.

(c) Where oil is supplied to the burner by gravity and a constant level device is not incorporated in the burner assembly or in an auxiliary tank used in connection with an automatic pump, an approved constant level device shall be installed in the oil feed line at the gravity tank or as close thereto as practicable, to insure uniform delivery of oil to the burner. The vent opening of such constant level device shall be connected by piping or tubing to the gravity tank vent pipe. (Ord. No. 27A, § IX, 4-26-1935)

§ 8-43. Installation of underground tanks.

(a) Oil supply tanks shall preferably be located outside of buildings and underground with the top of the tank below the level of all piping to which the tank is connected to prevent discharge of oil through a broken pipe or connection by syphoning.

(b) Underground tanks shall be so buried as to have a cover of earth not less than two (2) feet thick or shall be covered with not less than one (1) foot of earth, on top of which shall be placed a slab of reinforced concrete not less than four (4) inches thick. The slab shall be set on a firm, well-tamped earth foundation and shall extend at least one (1) foot beyond the tank in all directions. Where tanks are buried underneath buildings, such a concrete slab shall be provided in every instance. (Ord. No. 27A, § X, 4-26-1935)

§ 8-44. Installation of tanks inside buildings.

(a) Oil supply tanks larger than sixty (60) gallons' capacity shall not be located in buildings above the lowest story, cellar or basement.

(b) Unenclosed inside storage tanks not to exceed two hundred and seventy-five (275) gallons' capacity shall not be located within seven (7) feet, horizontally, of any fire or flame.

(c) Oil supply tanks exceeding two hundred seventy-five (275) gallons' individual capacity in an individual building or in a section of a building separated by firewalls shall be installed in an enclosure constructed as follows: The walls of the enclosure shall be constructed of reinforced concrete at least six (6) inches thick or of brick at least eight (8) inches thick. Such enclosures shall be installed only on concrete or other fire-resistive floors and shall be bonded to the floor. Enclosures shall have tops of reinforced concrete at least five (5) inches thick or equivalent fire-resistive construction, except when the floor or roof construction above the enclosure is concrete or other fire-resistive construction, the walls may be extended to and bonded to the underside of the construction above in lieu of the provision of a separate top. Any openings to such enclosures shall be provided with fire doors or other approved closures and six-inch noncombustible liquidtight sills or ramps. Provision shall be made for adequate ventilation of such enclosures prior to entering for inspection on or repairs to tanks. In buildings of ordinary construction, the nominal gross capacity of tanks shall not exceed five thousand (5,000) gallons. In fire-resistive buildings, the nominal gross capacity of tanks shall not exceed fifteen thousand (15,000) gallons. In any building, if in a fire-resistive or detached room cut off vertically and horizontally in an approved manner from other floors of the main building, the nominal gross capacity of tanks shall not exceed fifty thousand (50,000) gallons, with an individual tank capacity not exceeding twenty-five thousand (25,000) gallons. (Ord. No. 27A, § XI, 4-26-1935; Ord. of 9-2-1952)

§ 8-45. Installation of outside aboveground tanks.

Outside aboveground tanks shall not be located within the fire limits as defined in the building code of the Village of Tuckahoe.EN (Ord. No. 27A, § XII, 4-26-1935)

§ 8-46. Setting of tanks.

(a) Underground tanks shall be set on a firm foundation and surrounded with soft earth or sand well-tamped in place. Where necessary to prevent floating, they shall be securely anchored or weighted.

(b) Inside storage and auxiliary tanks shall be securely supported by substantial incombustible supports to prevent settling, sliding or lifting.

(c) Inside storage tanks shall be installed with the bottom pitched to the draw-off or drain opening with a slope of not less than one-fourth (1/4) inch per foot of length. The draw-off or the drain opening shall be provided with suitable piping connections in a form to provide a sump from which water or sediment can be readily drained at regular intervals.

(d) Outside aboveground tanks shall be set on a firm foundation. Those more than one (1) foot above the ground shall have supports of masonry or protected steel, except that wooden cushions may be used. No combustible material shall be stored under or within ten (10) feet of outside aboveground tanks. (Ord. No. 27A, § XIII, 4-26-1935)

§ 8-47. Construction of tanks.

(a) Underground tanks and tanks inside buildings shall be constructed of steel or wrought iron of a minimum gauge (U. S. Standard) in accordance with the following table:

If an adequate internal bracing is provided, tanks of twelve thousand one (12,001) to thirty thousand (30,000) gallons' capacity may be built of one-fourth-inch plate.

For tanks larger than one thousand one hundred (1,100) gallons' capacity, a tolerance of ten percent (10%) in capacity is permitted.

(b) Outside aboveground tanks, including tops, shall be constructed of steel or wrought iron of a thickness in accordance with the following requirements.

(1) Horizontal or vertical tanks not over one thousand one hundred (1,100) gallons' capacity:

(2) Horizontal tanks over one thousand one hundred (1,100) gallons' capacity:

a. Tanks having a diameter of not over six (6) feet shall be made of at least three-sixteenths (3/16) inch steel or wrought iron.

b. Tanks having a diameter of over six (6) feet and less than eleven and one-half (111/2) feet shall be of at least one-fourth (1/4) inch steel or wrought iron.

(c) Joints shall be riveted and caulked, brazed, welded or made tight by some equally satisfactory process. Tanks shall be tight and sufficiently strong to bear without injury the most severe strains to which they may be subjected in practice. Shells of tanks shall be properly reinforced where connections are made. All connections to storage tanks, other than outside aboveground storage tanks, shall be made through the top of tank above the liquid level, except that tanks of not over two hundred seventy-five (275) gallons' capacity may have one (1) bottom connection for gravity feed and one (1) opening for an approved key stem gate valve to facilitate cleaning or for a scavenging line to be run to the outside and capped oil tight when not in use.

(d) Tanks shall be thoroughly coated on the outside with tar, asphaltum or other suitable rust-resisting paint. Where placed in corrosive soil, special protection may be required. (Ord. No. 27A, § XIV, 4-26-1935)

§ 8-48. Tank vents.

(a) Storage tanks shall (except for hydraulic or inert gas systems) be equipped with an open vent or an approved automatically operated vent, arranged to discharge to the open air. Vent openings and vent pipes shall be of ample size to prevent abnormal pressure in the tank during filling but not smaller than two-inch pipe size.

(b) Vent pipes shall be arranged to drain to the tank. The lower end of the vent pipe shall not extend through the top into the tank for a distance of more than one (1) inch.

(c) Vent pipes shall terminate outside of buildings at a point not less than three (3) feet measured horizontally from any window or other building opening and not less than four (4) feet vertically above filling pipe. Outer ends of vent pipes shall be provided with a weatherproof hood. Vent pipes should terminate sufficiently above the ground to prevent their being obstructed with snow and ice. Vent pipes of tanks containing heaters shall be extended to a location where oil vapors discharging from the vent will be readily diffused without danger of ignition. Vent pipes must be visible from point of fill.

(d) Vent pipes shall not be cross-connected with fill pipes or return lines from burners.

(e) Vent openings on outside aboveground tanks shall be provided with approved flame arresters.

(f) With the exception of vertical, cone-roof tanks having a roof slope less than two and one-half (21/2) inches in twelve (12) inches and in which the strength of the joint between roof and shell is no greater than that of the weakest vertical joint in the shell, all aboveground tanks shall have some form of relief for preventing the development of excessive internal pressure in case of exposure to fire surrounding the tank. The method of relief shall be acceptable to the inspection department having jurisdiction. (Ord. No. 27A, § XV, 4-26-1935)

§ 8-49. Tank fill and overflow pipes.

(a) Storage tanks, other than outside aboveground tanks, shall be filled only through fill pipes terminating outside of buildings at the curbline, except that, where this is impractical, the inspector may permit it to terminate not less than twenty-five (25) feet from any building, provided that the hose from the filling truck shall not extend across the sidewalk. Fill terminals shall be closed tight, when not in use, by a metal cover designed to prevent tampering. In tanks containing heaters the tank end of the fill pipe should be sealed by a trap or should be extended to a point below the lower end of the suction pipe.

(b) Auxiliary tanks shall be filled by pumping from storage tanks.

(c) Cross connections permitting gravity flow from one tank to another shall be prohibited. This, however, shall not be construed as prohibiting the filling of an outside service tank by gravity, provided that filling is through an open connection located within a dike surrounding the service tank, and provided further that such dike shall have a capacity equal to one and one-half (11/2) times the capacity of the tank being filled.

(d) Auxiliary tanks other than vacuum tanks shall be equipped with an overflow pipe draining to the storage tank, at least one (1) size larger than the supply pipe.

(e) Overflow pipes of auxiliary gravity tanks shall have no valves or obstructions. Overflow pipes of auxiliary pressure tanks shall be provided with interconnected valves or other means of automatically venting the tank during filling. (Ord. No. 27A, § XVI, 4-26-1935)

§ 8-50. Oil gauging.

(a) All tanks in which a constant oil level is not maintained by an automatic pump shall be equipped with an approved method of determining the oil level.

(b) Test wells shall not be installed inside buildings and where permitted for outside service shall be closed tight, when not in use, by a metal cover designed to prevent tampering. The gauging of inside tanks by means of measuring sticks shall not be permitted.

(c) Gauging devices such as liquid level indicators or signals shall be installed so that oil or vapor will not be discharged into the building from the fuel supply system. (Ord. No. 27A, § XVII, 4-26-1935)

§ 8-51. Oil pumps.

(a) Oil pumps shall be approved type, secure against leaks and shall be rigidly fastened in place.

(b) Automatic pumps not an integral part of the burner shall be arranged to stop the flow of oil automatically in case of total breakage of the supply line to the burner. (Ord. No. 27A, § XVIII, 4-26-1935)

§ 8-52. Piping.

(a) All piping shall be standard full weight wrought iron, steel or brass pipe with standard fittings except that approved flexible metal hose may be used for reducing the effects of jarring and vibration or where rigid connections are impracticable.

(b) Pipe used in the installation of domestic type burners shall not be smaller than one-half (1/2) inch iron pipe size; pipe used in the installation of industrial-type burners shall not be smaller than one-half (1/2) inch iron pipe size. Flexible metal hose shall be installed strictly in accordance with the limitations of its approval.

(c) Piping shall be rigidly secured in place and protected from injury in a workmanlike manner and, where necessary, shall be protected against corrosion. Where practicable, oil piping shall be buried underground or in a concrete floor or placed in a metal covered pipe trench. Oil piping shall not be located close to other piping or in the same trench with other piping, except steam or hot-water lines intended for heating the oil.

(d) Pipe joints and connections shall be made tight in a workmanlike manner. Union fittings shall be of an approved type. Unions requiring gaskets or packing and right and left couplings shall not be used in oil lines.

(e) Proper allowances shall be made for expansion, contraction, jarring and vibration. Pipelines connected to underground tanks, except fill lines and test wells, shall be provided with double swing joints arranged to permit the tank to settle without impairing the efficiency of the pipe connections.

(f) Where storage tanks are set below the level of the burner, the oil piping should preferably be so laid as to pitch toward the storage tank without traps.

(g) Openings for pipes through outside walls below the ground level shall be made oiltight by securely packing with flexible material.

(h) Oil supply lines to burners shall be provided with approved strainers.

(i) All oil burners fed by oil pumps drawing from supply tanks located above the level of the burner shall be equipped with an approved anti-syphoning device at the highest point in the suction line. (Ord. No. 27A, § XIX, 4-26-1935)

§ 8-53. Valves.

(a) Readily accessible shutoff valves of approved type shall be installed in oil supply lines near each burner and close to the supply tanks. Shutoff valves of approved type shall be installed on each side of oil strainers which are not a part of the oil burner unit, and on the discharge and suction side of oil pumps which pump directly to the burner but which are not a part of the burner unit.

(b) Where a shutoff valve is installed in the discharge line of an oil pump, an approved pressure relief valve shall be connected into the discharge line between the pump and the shutoff valve and arranged to return surplus oil to the storage tank or to bypass it around the pump.

(c) Control valves shall be of approved type provided with stuffing box of liberal size, containing a removable cupped gland designed to compress a packing against the valve stem and arranged so as to facilitate removal. The valve shall be designed to close against the supply and to prevent withdrawal of stem by continued operation of the handwheel. Packing affected by the oil or heat shall not be used.

(d) An automatic shutoff valve controlled by a fusible link designed to fuse at an approved temperature shall be installed at a location immediately adjacent to the burner. (Ord. No. 27A, § XX, 4-26-1935)

§ 8-54. Heaters.

(a) Preheating of oil, where necessary, shall be done by steam, hot water or approved electric heaters. Heaters shall be substantially constructed with all joints made oiltight. Thermometers shall be installed at suitable locations to indicate temperature of the heated oil.

(b) Heaters shall be bypassed or provided with suitable means to prevent abnormal pressure. (Ord. No. 27A, § XXI, 4-26-1935)

§ 8-55. Tests of tanks and piping. After installation and before being covered, tanks and piping shall be tested hydrostatically, or with equivalent air pressure, at a pressure not less than one and one-half (11/2) times the maximum working pressure but not less than ten (10) pounds per square inch at the highest point of the system. Tests should continue for at least thirty (30) minutes without a noticeable drop in pressure. The test shall be conducted in the presence of an authorized representative of the Eastchester Fire Department and at no expense to the village. (Ord. No. 27A, § XXII, 4-26-1935)

§ 8-56. Oil burner control.

(a) Oil-burning equipment shall be provided with some means for manually stopping the flow of oil to the burner, from a conveniently located point at a safe distance from the burner. With electrically driven equipment this may be accomplished by an approved safety switch in the motor supply circuit, placed near the entrance to the room where the burner is located. A quick-closing valve in the oil supply line, preferably located outside the building, may also be used.

(b) Automatically operated oil burners used in connection with hot-water, steam or warm-air heating systems shall be equipped with approved automatic devices to shut down the burner in the event of undue pressure in a steam boiler or overheating within a hot-water boiler or warm air furnace.

Oil burners used in connection with steam heating systems shall be equipped with approved automatic devices for shutting down the burner in the event of low water in the boiler. The device shall require manual resetting or it shall prevent operation until the safe water level is resumed.

(c) Limiting controls and low water shutoffs intended to disconnect the burner from the electric power supply should be connected into the burner supply circuit on the supply side of all other burner circuits.

(d) In systems where either steam or air is used for atomizing the oil, the oil and atomizing supply shall be interlocked in an approved manner so that in case of interruption of the atomizing supply, the oil supply will be immediately shut off. (Ord. No. 27A, § XXIII, 4-26-1935)

§ 8-57. Electric wiring and equipment.

(a) Electric wiring and equipment in connection with oil-burning equipment shall be installed in accordance with the Electrical Code of the Village of Tuckahoe.EN

(b) An externally operated safety switch of a type approved by the Eastchester Fire Department shall be provided and it shall be located at a point designated by an authorized representative of the Eastchester Fire Department. (Ord. No. 27A, § XXIV, 4-26-1935)

§ 8-58. Installation of the burner.

(a) Oil burners shall be securely installed in a workmanlike manner, in accordance with the instructions of the manufacturer, by qualified mechanics experienced in making such installations.

(b) Where oil burners are installed in furnaces originally designed for solid fuel, the ash door of the furnace shall be removed or bottom ventilation otherwise provided to prevent the accumulation of vapors in the ash pit, unless the burner is of a type which mechanically purges the ash pit.

(c) Boilers and furnaces in which oil burners are installed shall be connected to flues having sufficient draft at all times to assure safe operation of the burner. Smoke pipe dampers, if any, shall be such that they cannot close off more than eighty percent (80%) of the internal cross section area of the smoke pipe.

(d) Rooms in which oil burners are located shall be provided with adequate ventilation to assure continuous complete combustion of the oil.

(e) Complete instructions for the care and operation of the oil-burning equipment shall be conspicuously posted near the oil burner and maintained in readable condition.

(f) Contractors installing industrial oil-burning systems shall furnish diagram showing the main oil lines and controlling valves, one of which shall be posted near the oil-burning equipment and another at some point which will be accessible, in case of fire, at the burners. (Ord. No. 27A, § XXV, 4-26-1935)

§ 8-59. Penalties.

Any person who himself or itself or by his or its agents or employee shall violate any of the provisions of this Article or any order, rule or regulation made in pursuance thereof, shall, upon conviction thereof, be subject to a penalty prescribed in § 1-7, and each day on which such violation continues shall constitute a separate offense and such violation shall constitute disorderly conduct and the person so offending shall be deemed a disorderly person. (Ord. No. 27A, § XXV, 4-26-1935)

§ § 8-60 - 8-70. Reserved.

ARTICLE IV. SMOKE AND FIRE DETECTION SYSTEMSEN

§ 8-71. Intent and purpose.

(a) Legislative intent. It is the established policy of the village to provide its citizenry with fire protection. In furtherance of this policy, the Village Board deemed it necessary to establish guidelines for the installation, performance and maintenance of early warning smoke/fire detection systems in all buildings in the village as hereinafter provided by this Article. It is the intent of this Article to safeguard the public health, safety and welfare by ensuring timely warning to all occupants in buildings covered herein in the event of fire.

(b) Purpose. The purpose of this Article is to provide basic minimum requirements for the installation, performance and maintenance of automatic smoke detection systems in order to provide basic coverage of buildings in the village hereinafter provided by this Article. (L.L. No. 2-1981, Art. I, §

§ 1, 2)

§ 8-72. Definitions; scope and meaning of certain words and terms.

For the purpose of this Article, certain words and terms used herein are defined as follows:

Areas not normally occupied by the public means space not normally used or intended or designed to be used in a building or structure by the public, which includes fire-rated hallways and corridors, space within the suspended ceilings of fire-rated hallways and corridors, storerooms, mechanical spaces, elevator shafts, dumbwaiter shafts and chutes.

Automatic smoke detector is a device designed to detect the presence of visible and invisible particles of combustion relating to a fire which will automatically initiate an alarm. "Automatic smoke detectors" can be classified as and include the following:

(1) Fire/gas detector: A device which detects gas produced by fire.

(2) Flame detector: A device which detects the infrared or ultraviolet or visible radiation produced by fire.

(3) Heat detector: A device which detects abnormally high temperature or rate of temperature rise.

(4) Smoke detector: A device which detects visible or invisible particles of combustion.

Automatic smoke/fire alarm (alarm systems) system means an approved installation of equipment which automatically activates a smoke or fire alarm when the detecting element is exposed to fire, smoke or abnormal rise in temperature.

Business occupancy means buildings in which the primary or intended occupancy or use is the transaction of administrative, business, civic or professional service and where the handling of goods, wares or merchandise, in limited quantities, is incidental to the primary occupancy of the use. Business occupancies include, among others, banks, barbershops, beauty parlors, village halls, dentists' offices, doctors' offices, general offices, lawyers' offices, municipal buildings, radio stations, telephone exchanges and television stations.

Contractor means either a licensed electrician or an approved fire protection system contractor having a minimum of three (3) years' experience in the installation and maintenance of fire detection systems as approved by the authority.

Educational occupancy means buildings in which the primary or intended occupancy or use is for the gathering of six (6) or more people for the purpose of learning or receiving educational instruction. Educational occupancies include, among others, schools, universities, colleges, academies, nursery schools, primary schools, secondary schools, children's day care centers and homes, libraries.

Enforcement authority means the Fire Inspector or Fire Chief of the Town of Eastchester Fire District.

Fire is a phenomenon which occurs when a substance, upon reaching a critical temperature, reacts chemically with oxygen to produce heat, flame, light, smoke, water vapor, carbon monoxide, carbon dioxide and other products and effects.

Individual dwelling unit is defined as one (1) or more rooms with complete provisions for cooking, living, sanitary and sleeping facilities arranged for the occupancy of one (1) family.

Industry occupancy means buildings in which the primary or intended occupancy or use is the manufacturing or processing of products of all kinds, including operations such as making, altering, assembling, bottling, canning, finishing, handling, mixing, packaging, repairing, cleaning, laundering and similar operations. Industrial occupancies include, among others, factories of all kinds, laboratories, dry cleaning plants, power plants, service stations, laundries and printing plants.

Institutional occupancy means buildings in which the primary or intended occupancy or use is for persons domiciled or detained under supervision. Institutional occupancies include, among others, health care facilities, hospitals, nursing homes, residential custodial care, nurseries, homes for the aged and institutions for the mentally retarded.

Licensing authority means the Village Clerk of the Village of Tuckahoe.

Mercantile occupancy means buildings in which the primary or intended occupancy or use is the display and sale to the public of goods, wares or merchandise. Mercantile occupancies include, among others, stores, markets, supermarkets, department stores, drugstores, auction rooms, shopping centers, laundry and dry cleaning distribution stores, self-service laundries and self-service dry-cleaning laundries.

Mixed occupancy means occupancy of a building, in part for one use and in part for some other use not accessory to the first use.

NFPA 72B means the current compilation of the National Fire Protection Association's codes, standards, recommendations, practices and manuals regarding standards on automatic fire detectors at the time of the application for a smoke detector permit.

NFPA 74 means the current compilation of the National Fire Protection Association's codes, standards, recommendations, practices and manuals regarding standards on household fire warning equipment at the time of the application for a smoke detector permit.

Occupancy means use of a building, structure or premises.

Owner means owner of the freehold of the premises or less estate therein, a mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee or other person, firm or corporation in control of the building.

Places of public assembly means buildings in which the primary or intended occupancy or use is the assembly of fifty (50) or more people for amusement, athletic, civic, dining, educational, entertainment, patriotic, political, recreational, religious, social, sports or similar purposes. Places of public assembly"include, among others, theaters, motion-picture theaters, assembly halls, auditoriums, exhibition halls, museums, skating rinks, gymnasiums, bowling lanes, poolrooms, mortuary chapels, restaurants, churches, synagogues, dance halls, club rooms, passenger stations and terminals of air, surface and public transportation facilities, courtrooms, conference rooms and drinking establishments.

Residential occupancy means buildings in which the primary or intended occupancy or use is one in which sleeping accommodations are provided for normal residential purposes; this includes all buildings designed to provide sleeping accommodations except one- or two-family dwellings and sleeping accommodations related to health care and penal occupancies. Residential occupancies include, among others, hotels/motels, apartments, dormitories, lodgings, guest houses or rooming houses.

Shall indicates a mandatory requirement.

Single-station smoke detector alarm device means an assembly comprised of a photoelectric or ionization type of smoke detector, control equipment and audible alarm in one unit which, upon detection of smoke, activates an alarm.

Storage occupancy means buildings in which the primary or intended occupancy or use is the storage of or shelter for goods, merchandise, products, vehicles or animals. Storage occupancies include, among others, warehouses, cold storage freight terminals, hangars, barns and stables.

Total coverage includes all rooms, halls, storage areas, basements, attics, lofts, spaces above suspended ceilings and other subdivisions and accessible spaces, elevator shafts, enclosed stairways and inaccessible areas which may contain combustible material. (L.L. No. 2-1981, Art. II, § 1)

§ 8-73. Duties of the enforcement authority.

(a) It shall be Fire Inspector's duty, among others, to enforce the provisions of this Article and all rules, conditions and requirements adopted or specified pursuant to the same.

(b) The Fire Inspector or his duly authorized assistant (assistants) shall have the right to enter any building or enter upon any land at any reasonable hour, as necessary in the execution of their duties, provided that:

(1) The Fire Inspector shall notify the owner and the tenant before conducting any inspections.

(2) The Fire Inspector or his duly authorized assistant shall display, upon commencing an inspection, identification signed by the Fire Chief.

(3) Inspection shall be commenced in the presence of an owner or his representative or tenant.

(c) The Fire Inspector shall maintain files, open to the public, of all applications for smoke detector system permits with plans submitted therewith, as well as test certificates and permits.

(d) The Fire Inspector shall maintain records, open to the public, of every complaint of a violation of the provisions of this Article, as well as the action taken as a result of such complaint.

(e) The Fire Inspector shall submit to the Village Board, for insertion in Board minutes, a written report summarizing for the month all smoke detector system permit and approval certificates issued by him as well as complaints of violations and the action taken as a result of such complaints.

(f) The Fire Inspector shall promulgate rules and regulations, subject to the approval of the Village Board, to secure the intent and purpose of this Article and the proper enforcement of this Article.

(g) The Fire Inspector shall issue, in writing, all appropriate notices or orders of violations of this Article. Such notice or order may be served upon the owner or his agent personally or by sending, by certified mail, a copy of such order to the owner or his agent and/or by posting the same upon a conspicuous portion of the premises to which the notice applies. The Fire Inspector shall make all inspections which are necessary or proper for the carrying out of his duties.

(h) The Fire Inspector or his authorized agent shall have the authority to serve summonses for violations of this Article.

(i) [The Fire Inspector shall have] all other duties specified by the Village Board. (L.L. No. 2-1981, Art. VI, § 1)

§ 8-74. Violation and penalties.

(a) A violation of any provision or requirement of this Article or a violation of any statement, plan, application or permit approved under the provisions of this Article shall be considered an offense punishable by fine of not more than two hundred fifty dollars ($250.) and/or imprisonment for not more than fifteen (15) days.

(b) The owner of the building premises, or part thereof, where such violation has been committed or does exist shall be considered the party responsible for such an offense.

(c) Any contractor, corporation or other person who commits, takes part or assists in such violation shall also be guilty of such an offense.

(d) Each day that a violation continues shall be deemed a separate offense.

(e) The imposition of penalties hereinbefore prescribed shall not preclude the village or any person from instituting appropriate legal action or proceeding to prevent an unlawful installation, maintenance or modification of the smoke detection system; correct or abate a violation of this Article or to restrain the illegal occupancy of a building. (L.L. No. 2-1981, Art. VIII, § 1)

§ 8-75. Permit.

(a) Application for smoke detector permit. No person, firm or corporation shall install, alter, modify or maintain a smoke detector system in the village as required hereunder until a permit for the same shall have been applied for and obtained from the licensing authority, the Village of Tuckahoe.

(b) Form of application. The application for a smoke detector system permit shall be made by or on behalf of the owner of the premises, in writing, on the form furnished by the enforcing authority and shall be verified by the applicant. Such application shall contain the following information:

(1) The name and address of the applicant and the capacity in which he makes such application.

(2) The name and address of each person other than the applicant having title of the property.

(3) The name and address of the person installing or modifying the smoke detector system.

(4) A general description of the type and specifications of the smoke detector system to be installed.

(5) The location, use and occupancy of the building or structure.

(6) Any such additional information as may be required by the enforcing authority.

(7) The application for such permit shall be accompanied by not less than three (3) copies of specifications and plans drawn to scale with sufficient clarity and detailed dimensions to show the location of each smoke detector. The enforcement authority may waive the requirements for the filing of plans when the work involved is of a minor nature.

(8) A written statement for the installing contractor to the effect that the detector will be installed in accordance with the approved plans and in accordance with the manufacturer's specifications.

(c) Fees. Upon filing of the application for smoke detector system permit, the following fees shall be payable: Smoke detector application fees shall be twenty dollars ($20.) or two dollars ($2.) per each smoke detector to be installed, whichever is greater.

(d) Action on application. The enforcement authority shall examine or cause to be examined all applications for permits within a reasonable time after filing with the licensing authority. If the application or plan does not conform to the requirements of this Article, the enforcement authority shall reject such application in writing, stating the reasons therefor. If he is satisfied that the proposed plan conforms to the requirements of this Article, he shall approve such application, in writing. No work shall be performed until the permit is issued.

(e) Approval certificate. Upon the completion of the installation, the installing contractor shall furnish a written statement that a smoke detector system has been installed in accordance with the approved plan and tested in accordance with the manufacturer's specifications. Thereafter, the installing contractor, in the presence of a representative of the enforcement authority, shall conduct a test of the smoke detector system. If the test conducted is to the satisfaction of the enforcement authority, an approval certificate shall be issued as soon as practicable.

(f) Appeals.

(1) The owner of a building or structure may appeal to the Village Board from the decision of the Fire Inspector concerning denial of a permit.

(2) The application for the appeal may be made when it is claimed that the true intent of this Article or the rules legally adopted hereunder have been incorrectly interpreted or the provisions of this Article do not fully apply.

(3) All appeal from denial of a permit by the Fire Inspector shall be filed, in the form required by the Village Board, in the office of the Village Clerk within thirty (30) days of such denial.

(4) The village shall fix a time and place for a public hearing thereunder and shall provide for the posting of a public notice of not more than fifteen (15) days nor less than eight (8) days before the date of said public hearing, by publication of a notice in the official newspaper.

(5) The Village Board shall hand down its decision within thirty (30) days after the hearing is closed and must file a written return with the Village Clerk within twenty-four (24) hours after having made its decision. A copy of the Board's written decision shall be served upon the applicant or his attorney by ordinary mail. (L.L. No. 2-1981, Art. VI, § § 1 - 4, Art. VII, § 1; L.L. No. 1-1991, § 5)

§ 8-76. Requirements of smoke detector systems by occupancy or use groups.

Smoke detector systems shall be installed by July 31, 1982.

(1) Places of assembly. Smoke detectors shall be installed in all places of assembly covering areas not normally occupied by the public, inaccessible areas which may contain combustible material and any additional areas required by the enforcing authority.

In places of assembly, the smoke detectors shall be electrically wired to automatically sound a local alarm throughout the entire building that is audible to all occupants of the building.

(2) Educational occupancy. Smoke detectors shall be installed in all educational occupancies covering areas not normally occupied by the public, inaccessible areas which may contain combustible material and any additional areas required by the enforcing authority.

In educational occupancies, the smoke detectors shall be electrically wired to automatically sound a local alarm throughout the entire building that is audible to all occupants of the building.

(3) Institutional occupancy. Smoke detectors shall be installed in all institutional occupancies covering areas not normally occupied by the public, inaccessible areas which may contain combustible material and any additional areas required by the enforcing authority.

In institutional occupancies, the smoke detectors shall be electrically wired to automatically sound a local alarm throughout the entire building that is audible to all occupants of the building.

(4) Residential occupancy. Smoke detectors shall be in all residential occupancies covering areas not normally occupied by the public, inaccessible areas which may contain combustible material and any additional areas required by the enforcing authority.

In all residential occupancies except individual dwelling units, smoke detectors shall be electrically wired to automatically sound a local alarm throughout the building that is audible to all occupants of the building.

Dwelling units. In individual dwelling units within residential occupancies as defined herein, there should be installed one (1) single-stage smoke detector located within or near to the sleeping area, which detector shall meet the requirements of the current edition of the NFPA 74, Standard for Installation, Maintenance and Use of Household Fire Warning Equipment.

(5) Mercantile occupancy. Smoke detectors shall be installed in all mercantile occupancies covering areas not normally occupied by the public, inaccessible areas which may contain combustible material and such additional areas required by the enforcing authority.

In mercantile occupancies, smoke detectors shall be electrically wired to automatically sound a local alarm throughout the entire building that is audible to all occupants of the building.

(6) Industrial occupancy. Smoke detectors shall be installed in all industrial occupancies covering areas not normally covered by the public, inaccessible areas which may contain combustible material and such additional areas required by the enforcing authority.

In industrial occupancies, smoke detectors shall be electrically wired to automatically sound a local alarm throughout the entire building that is audible to all occupants of the building.

(7) Business occupancy. Smoke detectors shall be installed in all business occupancies covering areas not normally occupied by the public, inaccessible areas which may contain combustible material and such additional areas required by the enforcing authority.

Electrically wired smoke detector systems shall also be installed in business occupancies having rated office compartments of more than two thousand five hundred (2,500) square feet and their installation shall be in accordance with the current edition of NFPA 72E. In business occupancies, smoke detectors shall be electrically wired to automatically sound a local alarm throughout the entire building that is audible to all occupants of the building.

(8) Mixed occupancy. Where there is a mixed occupancy and places of assembly, educational, institutional, mercantile, industrial and business occupancies are part of or attached to residential occupancies, smoke detectors shall be installed in all areas of places of assembly, educational, institutional, mercantile, industrial or business occupancies, to provide total coverage.

In mixed occupancies, the smoke detector shall be electrically wired to automatically sound a local alarm throughout the entire building that is audible to all occupants of the building.

(9) Storage occupancy. Smoke detectors are not required as part of this Article in storage occupancies which are free and separate standing structures of more than five (5) feet distance in all directions from any other structure.

Storage occupancies connected to, part of, or less than five (5) feet in any direction of a residential occupancy as defined by this Article shall have smoke detectors installed in all areas of the structure, in accordance with the current edition of the NFPA 72E.

In this instance, smoke detectors shall be electrically wired to automatically sound a local alarm throughout the entire building that is audible to all occupants of the building. (L.L. No. 2-1981, Art. III, § 1)

§ 8-77. Installation.

(a) All smoke detection devices shall be Underwriter's Laboratory listed or approved for the purpose of which they are intended and shall be installed in conformity with this Article.

(b) Smoke detectors shall be installed in all areas where required by this Article and as determined by the responsible authority, Village of Tuckahoe, New York, and/or its designated employee. In areas of occupancy which, as a matter of normal use, will create a smoky environment, such as a restaurant, approved heat detectors will be furnished in place of smoke detectors, as recommended by the current edition of the NFPA 72B, Standards on Automatic Fire Detectors and approved by the enforcing authority. (L.L. No. 2-1981, Art. IV, § 1)

§ 8-78. Type and location.

Smoke detectors shall be the type approved for the specified purpose and location within a space in accordance with the current edition of the NFPA 72E. (L.L. No. 2-1981, Art. IV, § 2)

§ 8-79. Operation.

(a) All smoke detector systems shall be designated, constructed, installed and maintained so as to detect a smoke condition in the initial stage and to automatically transmit an alarm signal within the space, as well as sounding alarm devices audible throughout the building so as to warn all occupants in the event of smoke and fire condition. Where the building contains a general fire alarm system, the smoke detectors shall be electrically connected to this system so that when a smoke detector is activated, it will also serve to activate the building's general fire alarm system, thus sounding a local alarm and transmitting an alarm either directly to the Fire Department or agency designated.

(b) Smoke detection systems shall be so wired and under constant electrical supervision, so that failure of the main source of power supply or an open ground, which prevents the normal operation of the system, will be instantly and audibly indicated within the building. (L.L. No. 2-1981, Art. IV, § 3)

§ 8-80. Maintenance and testing.

(a) Smoke detectors shall be maintained in the proper working order by the owner.

(b) A smoke detector system shall be tested annually by a contractor in accordance with the manufacturer's instructions and certification of such test shall be filed by the contractor with the authority. (L.L. No. 2-1981, Art. IV, § 4)

Chapter 8A, FLOOD DAMAGE PREVENTION

§ 8A-1. Findings.

The Board of Trustees of the Village of Tuckahoe finds that the potential and/or actual damages from flooding and erosion may be a problem to the residents of the Village of Tuckahoe and that such damages may include destruction or loss of private and public housing, damage to public facilities, both publicly and privately owned, and injury to and loss of human life. In order to minimize the threat of such damages and to achieve the purposes and objectives hereinafter set forth, this chapter is adopted. (L.L. No. 11-2007, § 1.1)

§ 8A-2. Purpose.

It is the purpose of this chapter to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:

(a) Regulate uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;

(b) Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

(c) Control the alteration of natural floodplains, stream channels, and natural protective barriers which are involved in the accommodation of floodwaters;

(d) Control filling, grading, dredging and other development which may increase erosion or flood damages;

(e) Regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands; and

(f) Qualify for and maintain participation in the National Flood Insurance Program. (L.L. No. 11-2007, § 1.2)

§ 8A-3. Objectives.

The objectives of this chapter are:

(a) To protect human life and health;

(b) To minimize expenditure of public money for costly flood control projects;

(c) To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

(d) To minimize prolonged business interruptions;

(e) To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone, sewer lines, streets and bridges located in areas of special flood hazard;

(f) To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas;

(g) To provide that developers are notified that property is in an area of special flood hazard; and

(h) To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. (L.L. No. 11-2007, § 1.3)

§ 8A-4. Definitions.

Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application.

Appeal means a request for a review of the local administrator's interpretation of any provision of this chapter or a request for a variance.

Area of shallow flooding means a designated AO, AH or VO Zone on a community's Flood Insurance Rate Map (FIRM) with a one-percent or greater annual chance of flooding to an average annual depth of one foot to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

Area of special flood hazard is the land in the floodplain within a community subject to a one-percent or greater chance of flooding in any given year. This area may be designated as Zone A, AE, AH, AO, A1-A30, A99, V, VO, VE, or V1-V30. It is also commonly referred to as the "base floodplain" or one-hundred-year floodplain. For purposes of this chapter, the term "special flood hazard area (SFHA)" is synonymous in meaning with the phrase "area of special flood hazard."

Base flood means the flood having a one-percent chance of being equaled or exceeded in any given year.

Basement means that portion of a building having its floor subgrade (below ground level) on all sides.

Building see "structure."

Cellar has the same meaning as "basement."

Crawl Space means an enclosed area beneath the lowest elevated floor, 18 inches or more in height, which is used to service the underside of the lowest elevated floor. The elevation of the floor of this enclosed area, which may be of soil, gravel, concrete or other material, must be equal to or above the lowest adjacent exterior grade. The enclosed crawl space area shall be properly vented to allow for the equalization of hydrostatic forces which would be experienced during periods of flooding.

Critical Facilities means:

(a) Structures or facilities that produce, use, or store highly volatile, flammable, explosive, toxic and/or water-reactive materials;

(b) Hospitals, nursing homes, and housing likely to contain occupants who may not be sufficiently mobile to avoid death or injury during a flood;

(c) Police stations, fire stations, vehicle and equipment storage facilities, and emergency operations centers that are needed for flood response activities before, during, and after a flood; and

(d) Public and private utility facilities that are vital to maintaining or restoring normal services to flooded areas before, during, and after a flood.

Development means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, paving, excavation or drilling operations or storage of equipment or materials.

Elevated building means a nonbasement building (i) built, in the case of a building in Zone A1-A30, AE, A, A99, AO, AH, B, C, X, or D, to have the top of the elevated floor, or in the case of a building in Zone V1-30, VE, or V, to have the bottom of the lowest horizontal structure member of the elevated floor, elevated above the ground level by means of pilings, columns (posts and piers), or shear walls parallel to the flow of the water and (ii) adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In the case of Zone A1-A30, AE, A, A99, AO, AH, B, C, X, or D, "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of floodwaters. In the case of Zone V1-V30, VE, or V, "elevated building" also includes a building otherwise meeting the definition of elevated building, even though the lower area is enclosed by means of breakaway walls that meet the federal standards.

Federal Emergency Management Agency means the federal agency that administers the National Flood Insurance Program.

Flood Boundary and Floodway Map (FBFM) means an official map of the community published by the Federal Emergency Management Agency as part of a riverine community's Flood Insurance Study. The FBFM delineates a regulatory floodway along watercourses studied in detail in the Flood Insurance Study.

Flood Elevation Study means an examination, evaluation and determination of the flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of flood-related erosion hazards.

Flood Hazard Boundary Map (FHBM) means an official map of a community, issued by the Federal Emergency Management Agency, where the boundaries of the areas of special flood hazard have been designated as Zone A but no flood elevations are provided.

Flood Insurance Rate Map (FIRM) means an official map of a community, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.

Flood Insurance Study: see "flood elevation study."

Flood or Flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from (1) the overflow of inland or tidal waters; (2) the unusual and rapid accumulation or runoff of surface waters from any source. "Flood" or "flooding" also means the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in (1) above.

Floodplain or Flood-prone area means any land area susceptible to being inundated by water from any source (see definition of "flooding").

Floodproofing means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

Floodway has the same meaning as "regulatory floodway."

Functionally dependent use means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding, and ship repair facilities. The term does not include long-term storage, manufacturing, sales, or service facilities.

Highest adjacent grade means the highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure.

Historic structure means any structure that is:

(a) Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

(b) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

(c) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

(d) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

(1) By an approved state program as determined by the Secretary of the Interior; or

(2) Directly by the Secretary of the Interior in states without approved programs.

Local Administrator is the person appointed by the community to administer and implement this chapter by granting or denying development permits in accordance with its provisions. This person is often the Building Inspector, Code Enforcement Officer, or employee of an engineering department.

Lowest floor means the lowest floor of the lowest enclosed area (including basement or cellar). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access, or storage in an area other than a basement area is not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this chapter.

Manufactured home means a structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term does not include a recreational vehicle.

Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

Mean sea level means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929, the North American Vertical Datum of 1988 (NAVD 88), or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced.

Mobile home has the same meaning as "manufactured home."

New construction means structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by the community and includes any subsequent improvements to such structure.

One-hundred-year flood or 100-year flood has the same meaning as "base flood."

Principally above ground means that at least 51% of the actual cash value of the structure, excluding land value, is above ground.

Recreational vehicle means a vehicle which is:

(a) Built on a single chassis;

(b) Four hundred square feet or less when measured at the largest horizontal projections;

(c) Designed to be self-propelled or permanently towable by a light-duty truck; and

(d) Not designed primarily for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

Regulatory Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height as determined by the Federal Emergency Management Agency in a Flood Insurance Study or by other agencies as provided in § 8A-14(b) of this chapter.

Start of construction means the date of permit issuance for new construction and substantial improvements to existing structures, provided that the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement is within 180 days after the date of issuance. The actual start of construction means the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of a slab or footings, installation of pilings or construction of columns. Permanent construction does not include land preparation (such as clearing, excavation, grading, or filling), or the installation of streets or walkways, or excavation for a basement, footings, piers or foundations, or the erection of temporary forms, or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main building. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

Structure means a walled and roofed building, including a gas or liquid storage tank that is principally above ground, as well as a manufactured home.

Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred. "Substantial damage" also means flood-related damages sustained by a structure on two separate occasions during a ten-year period for which the cost of repairs at the time of such flood event, on the average, equals or exceeds 25% of the market value of the structure before the damage occurred.

Substantial improvement means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. The term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:

(a) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or

(b) Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure.

Variance means a grant of relief from the requirements of this chapter which permits construction or use in a manner that would otherwise be prohibited by this chapter. (L.L. No. 11-2007, § 2)

§ 8A-5. Applicability.

This chapter shall apply to all areas of special flood hazard within the jurisdiction of the Village of Tuckahoe, Westchester County. (L.L. No. 11-2007, § 3.1)

§ 8A-6. Basis for establishing areas of special flood hazard.

(a) The areas of special flood hazard for the Village of Tuckahoe, Community Number 360934, are identified and defined on the following documents prepared by the Federal Emergency Management Agency:

(1) Flood Insurance Rate Map Panel Numbers 36119C0329F, whose effective date is September 28, 2007, and any subsequent revisions to these map panels that do not affect areas under our community's jurisdiction.

(2) A scientific and engineering report entitled "Flood Insurance Study, Westchester County, New York, All Jurisdictions" dated September 28, 2007.

(b) The above documents are hereby adopted and declared to be a part of this chapter. The Flood Insurance Study and/or maps are on file at the Building Department of the Village of Tuckahoe, Village Hall, 65 Main Street, Tuckahoe, New York 10701. (L.L. No. 11-2007, § 3.2)

§ 8A-7. Interpretation and conflict with other laws.

(a) This chapter includes all revisions to the National Flood Insurance Program through March 20, 1997, and shall supersede all previous laws adopted for the purpose of flood damage prevention.

(b) In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements, adopted for the promotion of the public health, safety, and welfare. Whenever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations, ordinances, or local laws, the most restrictive, or that imposing the higher standards, shall govern. (L.L. No. 11-2007, § 3.3)

§ 8A-8. Severability. The invalidity of any section or provision of this chapter shall not invalidate any other section or provision thereof. (L.L. No. 11-2007, § 3.4)

§ 8A-9. Penalties for offenses.

No structure in an area of special flood hazard shall hereafter be constructed, located, extended, converted, or altered and no land shall be excavated or filled without full compliance with the terms of this chapter and any other applicable regulations. Any infraction of the provisions of this chapter by failure to comply with any of its requirements, including infractions of conditions and safeguards established in connection with conditions of the permit, shall constitute a violation. Any person who violates this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be fined no more than $250 or imprisoned for not more than 15 days, or both. Each day of noncompliance shall be considered a separate offense. Nothing herein contained shall prevent the Village of Tuckahoe from taking such other lawful action as necessary to prevent or remedy an infraction. Any structure found not compliant with the requirements of this chapter for which the developer and/or owner has not applied for and received an approved variance under §

§ 8A-21 and 8A-22 will be declared noncompliant and notification will be sent to the Federal Emergency Management Agency. (L.L. No. 11-2007, § 3.5)

§ 8A-10. Warning and disclaimer of liability.

The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside the area of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the Village of Tuckahoe, any officer or employee thereof, or the Federal Emergency Management Agency, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder. (L.L. No. 11-2007, § 3.6)

§ 8A-11. Designation of local administrator.

The Building Inspector is hereby appointed local administrator to administer and implement this chapter by granting or denying floodplain development permits in accordance with its provisions. (L.L. No. 11-2007, § 4.1)

§ 8A-12. Floodplain development permit.EN

(a) Purpose. A floodplain development permit is hereby established for all construction and other development to be undertaken in areas of special flood hazard in this community for the purpose of protecting its citizens from increased flood hazards and insuring that new development is constructed in a manner that minimizes its exposure to flooding. It shall be unlawful to undertake any development in an area of special flood hazard, as shown on the Flood Insurance Rate Map enumerated in § 8A-6, without a valid floodplain development permit. Application for a permit shall be made on forms furnished by the local administrator and may include, but not be limited to, plans, in duplicate, drawn to scale and showing: the nature, location, dimensions, and elevations of the area in question, existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing.

(b) Fees. All applications for a floodplain development permit shall be accompanied by an application fee of $100. In addition, the applicant shall be responsible for reimbursing the Village of Tuckahoe for any additional costs necessary for review, inspection and approval of this project. The local administrator may require a deposit of no more than $500 to cover these additional costs. (L.L. No. 11-2007, § 4.2)

§ 8A-13. Application for permit.

The applicant shall provide the following information, as appropriate. Additional information may be required on the permit application form.

(a) The proposed elevation, in relation to mean sea level, of the lowest floor (including basement or cellar) of any new or substantially improved structure to be located in Zone A1-A30, AE or AH, or Zone A if base flood elevation data are available. Upon completion of the lowest floor, the permittee shall submit to the local administrator the as-built elevation, certified by a licensed professional engineer or surveyor.

(b) The proposed elevation, in relation to mean sea level, to which any new or substantially improved nonresidential structure will be floodproofed. Upon completion of the floodproofed portion of the structure, the permittee shall submit to the local administrator the as-built floodproofed elevation, certified by a professional engineer or surveyor.

(c) A certificate from a licensed professional engineer or architect that any utility floodproofing will meet the criteria in § 8A-16(c), Utilities.

(d) A certificate from a licensed professional engineer or architect that any nonresidential floodproofed structure will meet the floodproofing criteria in § 8A-18, Nonresidential structures.

(e) A description of the extent to which any watercourse will be altered or relocated as a result of proposed development. Computations by a licensed professional engineer must be submitted that demonstrate that the altered or relocated segment will provide equal or greater conveyance than the original stream segment. The applicant must submit any maps, computations or other material required by the Federal Emergency Management Agency (FEMA) to revise the documents enumerated in § 8A-6, when notified by the local administrator, and must pay any fees or other costs assessed by FEMA for this purpose. The applicant must also provide assurances that the conveyance capacity of the altered or relocated stream segment will be maintained.

(f) A technical analysis, by a licensed professional engineer, if required by the local administrator, which shows whether proposed development to be located in an area of special flood hazard may result in physical damage to any other property.

(g) In Zone A, when no base flood elevation data are available from other sources, base flood elevation data shall be provided by the permit applicant for subdivision proposals and other proposed developments (including proposals for manufactured home and recreational vehicle parks and subdivisions) that are greater than either 50 lots or five acres. (L.L. No. 11-2007, § 4.3)

§ 8A-14. Duties and responsibilities of local administrator. Dutie

s of the local administrator shall include, but not be limited to the following.

(a) Permit application review. The local administrator shall conduct the following permit application review before issuing a floodplain development permit:

(1) Review all applications for completeness, particularly with the requirements of § 8A-13, Application for permit, and for compliance with the provisions and standards of this chapter.

(2) Review subdivision and other proposed new development, including manufactured home parks, to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is located in an area of special flood hazard, all new construction and substantial improvements shall meet the applicable standards of §§ 8A-15 through 8A-20 and, in particular, § 8A-15(a), Subdivision proposals.

(3) Determine whether any proposed development in an area of special flood hazard may result in physical damage to any other property (e.g., stream bank erosion and increased flood velocities). The local administrator may require the applicant to submit additional technical analyses and data necessary to complete the determination. If the proposed development may result in physical damage to any other property or fails to meet the requirements of §

§ 8A-15 through 8A-20, no permit shall be issued. The applicant may revise the application to include measures that mitigate or eliminate the adverse effects and resubmit the application.

(4) Determine that all necessary permits have been received from those governmental agencies from which approval is required by state or federal law.

(b) Use of other flood data.

(1) When the Federal Emergency Management Agency has designated areas of special flood hazard on the community's Flood Insurance Rate map (FIRM) but has neither produced water surface elevation data (these areas are designated Zone A or V on the FIRM) nor identified a floodway, the local administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, including data developed pursuant to § 8A-13(g), as criteria for requiring that new construction, substantial improvements or other proposed development meet the requirements of this law.

(2) When base flood elevation data are not available, the local administrator may use flood information from any other authoritative source, such as historical data, to establish flood elevations within the areas of special flood hazard, for the purposes of this law.

(c) Alteration of watercourses. The local administrator shall:

(1) Notify adjacent communities and the New York State Department of Environmental Conservation prior to permitting any alteration or relocation of a watercourse, and submit evidence of such notification to the Regional Director, Region II, Federal Emergency Management Agency.

(2) Determine that the permit holder has provided for maintenance within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished.

(d) Construction stage.

(1) In Zones A1-A30, AE and AH, and also Zone A if base flood elevation data are available, upon placement of the lowest floor or completion of floodproofing of a new or substantially improved structure, the local administrator shall obtain from the permit holder a certification of the as-built elevation of the lowest floor or floodproofed elevation, in relation to mean sea level. The certificate shall be prepared by or under the direct supervision of a licensed land surveyor or professional engineer and certified by same. For manufactured homes, the permit holder shall submit the certificate of elevation upon placement of the structure on the site. A certificate of elevation must also be submitted for a recreational vehicle if it remains on a site for 180 consecutive days or longer (unless it is fully licensed and ready for highway use).

(2) Any further work undertaken prior to submission and approval of the certification shall be at the permit holder's risk. The local administrator shall review all data submitted. Deficiencies detected shall be cause to issue a stop-work order for the project unless immediately corrected.

(e) Inspections. The local administrator and/or the developer's engineer or architect shall make periodic inspections at appropriate times throughout the period of construction in order to monitor compliance with permit conditions and enable said inspector to certify, if requested, that the development is in compliance with the requirements of the floodplain development permit and/or any variance provisions.

(f) Stop-work orders.

(1) The local administrator shall issue, or cause to be issued, a stop-work order for any floodplain development found ongoing without a development permit. Disregard of a stop-work order shall subject the violator to the penalties described in § 8A-9 of this chapter.

(2) The local administrator shall issue, or cause to be issued, a stop-work order for any floodplain development found noncompliant with the provisions of this chapter and/or the conditions of the development permit. Disregard of a stop-work order shall subject the violator to the penalties described in § 8A-9 of this chapter.

(g) Certificate of compliance.

(1) In areas of special flood hazard, as determined by documents enumerated in § 8A-6, it shall be unlawful to occupy or to permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure until a certificate of compliance has been issued by the local administrator stating that the building or land conforms to the requirements of this chapter.

(2) A certificate of compliance shall be issued by the local administrator upon satisfactory completion of all development in areas of special flood hazard.

(3) Issuance of the certificate shall be based upon the inspections conducted as prescribed in Subsection (e), Inspections, and/or any certified elevations, hydraulic data, floodproofing, anchoring requirements or encroachment analyses which may have been required as a condition of the approved permit.

(h) Information to be retained. The local administrator shall retain and make available for inspection, copies of the following:

(1) Floodplain development permits and certificates of compliance;

(2) Certifications of as-built lowest floor elevations of structures, required pursuant to Subsection (d)(1) and (2), and whether or not the structures contain a basement;

(3) Floodproofing certificates required pursuant to Subsection (d)(1), and whether or not the structures contain a basement;

(4) Variances issued pursuant to § § 8A-21 and 8A-22; and

(5) Notices required under Subsection (c), Alteration of watercourses. (L.L. No. 11-2007, § 4.4)

§ 8A-15. General construction standards.

The following standards apply to new development, including new and substantially improved structures, in the areas of special flood hazard shown on the Flood Insurance Rate Map designated in § 8A-6.

(a) Subdivision proposals. The following standards apply to all new subdivision proposals and other proposed development in areas of special flood hazard (including proposals for manufactured home and recreational vehicle parks and subdivisions):

(1) Proposals shall be consistent with the need to minimize flood damage;

(2) Public utilities and facilities such as sewer, gas, electrical and water systems shall be located and constructed so as to minimize flood damage; and

(3) Adequate drainage shall be provided to reduce exposure to flood damage.

(b) Encroachments.

(1) Within Zones A1-A30 and AE, on streams without a regulatory floodway, no new construction, substantial improvements or other development (including fill) shall be permitted unless:

a. The applicant demonstrates that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any location; or

b. The Village of Tuckahoe agrees to apply to the Federal Emergency Management Agency (FEMA) for a conditional FIRM revision, FEMA approval is received and the applicant provides all necessary data, analyses and mapping and reimburses the Village of Tuckahoe for all fees and other costs in relation to the application. The applicant must also provide all data, analyses and mapping and reimburse the Village of Tuckahoe for all costs related to the final map revision.

(2) On streams with a regulatory floodway, as shown on the Flood Boundary and Floodway Map or the Flood Insurance Rate Map adopted in § 8A-6, no new construction, substantial improvements or other development in the floodway (including fill) shall be permitted unless:

a. A technical evaluation by a licensed professional engineer shows that such an encroachment shall not result in any increase in flood levels during occurrence of the base flood; or

b. The Village of Tuckahoe agrees to apply to the Federal Emergency Management Agency (FEMA) for a conditional FIRM and floodway revision, FEMA approval is received and the applicant provides all necessary data, analyses and mapping and reimburses the Village of Tuckahoe for all fees and other costs in relation to the application. The applicant must also provide all data, analyses and mapping and reimburse the Village of Tuckahoe for all costs related to the final map revisions.

(3) Whenever any portion of a floodplain is authorized for development, the volume of space occupied by the authorized fill or structure below the base flood elevation shall be compensated for and balanced by a hydraulically equivalent volume of excavation taken from below the base flood elevation at or adjacent to the development site. All such excavations shall be constructed to drain freely to the watercourse. No area below the waterline of a pond or other body of water can be credited as a compensating excavation. (L.L. No. 11-2007, § 5.1)

§ 8A-16. Standards for all structures.

(a) Anchoring. New structures and substantial improvement to structures in areas of special flood hazard shall be anchored to prevent flotation, collapse, or lateral movement during the base flood. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces.

(b) Construction materials and methods.

(1) New construction and substantial improvements to structures shall be constructed with materials and utility equipment resistant to flood damage.

(2) New construction and substantial improvements to structures shall be constructed using methods and practices that minimize flood damage.

(3) For enclosed areas below the lowest floor of a structure within Zone A1-A30, AE or AH, and also Zone A if base flood elevation data are available, new and substantially improved structures shall have fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding, designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters.

a. Designs for meeting this requirement must either be certified by a licensed professional engineer or architect or meet or exceed the following minimum criteria:

1. A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; and

2. The bottom of all such openings no higher than one foot above the lowest adjacent finished grade.

b. Openings may be equipped with louvers, valves, screens or other coverings or devices, provided they permit the automatic entry and exit of floodwaters. Enclosed areas subgrade on all sides are considered basements and are not permitted.

(c) Utilities.

(1) New and replacement electrical equipment, heating, ventilating, air conditioning, plumbing connections, and other service equipment shall be located at or above the base flood elevation. Electrical wiring and outlets, switches, junction boxes and panels shall be elevated to or above the base flood elevation unless they conform to the appropriate provisions of the electrical part of the Building Code of New York State or the Residential Code of New York State for location of such items in wet locations;

(2) New and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system;

(3) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters. Sanitary sewer and storm drainage systems for buildings that have openings below the base flood elevation shall be provided with automatic backflow valves or other automatic backflow devices that are installed in each discharge line passing through a building's exterior wall; and

(4) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. (L.L. No. 11-2007, § 5.2)

§ 8A-17. Elevation of residential structures.

The following standards, in addition to the standards in § 8A-15(a), Subdivision proposals, and § 8A-15(b), Encroachments, and § 8A-16, Standards for all structures, apply to structures located in areas of special flood hazard as indicated.

(a) Within Zones A1-A30, AE and AH, and also Zone A if base flood elevation data are available, new construction and substantial improvements shall have the lowest floor (including basement) elevated to or above two feet above the base flood level.

(b) Within Zone A, when no base flood elevation data are available, new and substantially improved structures shall have the lowest floor (including basement) elevated at least three feet above the highest adjacent grade.

(c) Within Zone AO, new and substantially improved structures shall have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as two feet above the depth number specified in feet on the community's Flood Insurance Rate Map enumerated in § 8A-6 (at least two feet if no depth number is specified).

(d) Within Zones AH and AO, adequate drainage paths are required to guide floodwaters around and away from proposed structures on slopes. (L.L. No. 11-2007, § 5.3)

§ 8A-18. Nonresidential structures.

The following standards apply to new and substantially improved commercial, industrial and other nonresidential structures, in addition to the requirements in § 8A-15(a), Subdivision Proposals, and

§ 8A-15(b), Encroachments, and § 8A-16, Standards for all structures.

(a) Within Zones A1-A30, AE and AH, and also Zone A if base flood elevation data are available, new construction and substantial improvements of any nonresidential structure, together with attendant utility and sanitary facilities, shall either:

(1) Have the lowest floor, including basement or cellar, elevated to or above two feet above the base flood elevation; or

(2) Be floodproofed so that the structure is watertight below two feet above the base flood level with walls substantially impermeable to the passage of water. All structural components located below the base flood level must be capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy.

(b) Within Zone AO, new construction and substantial improvements of nonresidential structures shall:

(1) Have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as two feet above the depth number specified in feet on the community's FIRM (at least two feet if no depth number is specified); or

(2) Together with attendant utility and sanitary facilities, be completely floodproofed to that level to meet the floodproofing standard specified in Subsection (a)(2).

(c) If the structure is to be floodproofed, a licensed professional engineer or architect shall develop and/or review structural design, specifications, and plans for construction. A floodproofing certificate or other certification shall be provided to the local administrator that certifies the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of Subsection (a)(2), including the specific elevation (in relation to mean sea level) to which the structure is to be floodproofed.

(d) Within Zones AH and AO, adequate drainage paths are required to guide floodwaters around and away from proposed structures on slopes.

(e) Within Zone A, when no base flood elevation data are available, the lowest floor (including basement) shall be elevated at least three feet above the highest adjacent grade. (L.L. No. 11-2007, § 5.4)

§ 8A-19. Manufactured homes and recreational vehicles.

The following standards, in addition to the standards in § 8A-15, General construction standards, and § 8A-16, Standards for all structures, apply, as indicated, in areas of special flood hazard to manufactured homes and to recreational vehicles which are located in areas of special flood hazard.

(a) Recreational vehicles placed on sites within Zones A1-A30, AE and AH shall either: (i) be on site fewer than 180 consecutive days, (ii) be fully licensed and ready for highway use, or (iii) meet the requirements for manufactured homes in Subsections (b), (c) and (d). A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect-type utilities and security devices and has no permanently attached additions.

(b) A manufactured home that is placed or substantially improved in Zones A1-A30, AE and AH shall be elevated on a permanent foundation such that the lowest floor is elevated to or above the base flood elevation and is securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement.

(c) Within Zone A, when no base flood elevation data are available, new and substantially improved manufactured homes shall be elevated such that the manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and are securely anchored to an adequately anchored foundation system to resist flotation, collapse or lateral movement.

(d) Within Zone AO, the floor shall be elevated above the highest adjacent grade at least as high as the depth number specified on the Flood Insurance Rate Map enumerated in § 8A-6 (at least two feet if no depth number is specified). (L.L. No. 11-2007, § 5.5)

§ 8A-20. Critical facilities.

In order to prevent potential flood damage to certain facilities that would result in serious danger to life and health, or widespread social or economic dislocation, no new critical facility shall be located within any area of special flood hazard, or within any five-hundred-year flood zone shown as a B Zone or a Shaded X Zone on the Community's Flood Insurance Rate Maps. (L.L. No. 11-2007, § 5.6)

§ 8A-21. Appeals board.

(a) The Zoning Board of Appeals as established by the Village of Tuckahoe shall hear and decide appeals and requests for variances from the requirements of this chapter.

(b) The Zoning Board of Appeals shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the local administrator in the enforcement or administration of this chapter.

(c) Those aggrieved by the decision of the Zoning Board of Appeals may appeal such decision to the Supreme Court pursuant to Article 78 of the Civil Practice Law and Rules.

(d) In passing upon such applications, the Zoning Board of Appeals shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter and:

(1) The danger that materials may be swept onto other lands to the injury of others;

(2) The danger to life and property due to flooding or erosion damage;

(3) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

(4) The importance of the services provided by the proposed facility to the community;

(5) The necessity to the facility of a waterfront location, where applicable;

(6) The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;

(7) The compatibility of the proposed use with existing and anticipated development;

(8) The relationship of the proposed use to the comprehensive plan and floodplain management program of that area;

(9) The safety of access to the property in times of flood for ordinary and emergency vehicles;

(10) The costs to local governments and the dangers associated with conducting search and rescue operations during periods of flooding;

(11) The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and

(12) The costs of providing governmental services during and after flood conditions, including search and rescue operations, maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems and streets and bridges.

(e) Upon consideration of the factors of Subsection (d) and the purposes of this chapter, the Zoning Board of Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.

(f) The local administrator shall maintain the records of all appeal actions, including technical information and report any variances to the Federal Emergency Management Agency upon request. (L.L. No. 11-2007, § 6.1)

§ 8A-22. Conditions for variances.

(a) Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing Subsection (d)(1) through (12) in § 8A-21 has been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the variance increases.

(b) Variances may be issued for the repair or rehabilitation of historic structures upon determination that:

(1) The proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure.

(2) The variance is the minimum necessary to preserve the historic character and design of the structure.

(c) Variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use, provided that:

(1) The criteria of Subsections (a), (d), (e) and (f) of this section are met;

(2) The structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threat to public safety.

(d) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

(e) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

(f) Variances shall only be issued upon receiving written justification of:

(1) A showing of good and sufficient cause;

(2) A determination that failure to grant the variance would result in exceptional hardship to the applicant; and

(3) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing local laws or ordinances.

(g) Notice.

(1) Any applicant to whom a variance is granted for a building with the lowest floor below the base flood elevation shall be given written notice over the signature of a community official that:

a. The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage; and

b. Such construction below the base flood level increases risks to life and property.

(2) Such notification shall be maintained with the record of all variance actions as required in § 8A-14(h) of this chapter. (L.L. No. 11-2007, § 6.2)