Hempstead Town, N.Y., Code of Ordinances ch. 88 (eCode360 ed. 2026) § 88-15

A. The provisions of this section shall supplement the requirements of Article 4 of the Multiple Residence Law of the State of New York and the Town of Hempstead, and shall apply to all nursing, rest, convalescent, old-age homes and similar dwellings. Variations of this section for mental institutions shall be made by the enforcing officer commensurate with the conditions existing. B. Display of Health Department license. Operators of all multiple residences included under this section shall be required to prominently display, at or near the reception desk, the current required license to operate, as issued by the Nassau County Department of Health. C. Additions or conversions to existing buildings. Each addition to a new or existing building which has been lawfully converted shall be such that the entire resulting building conforms to the requirements of new buildings, or the addition shall be separated from the older structure by a noncombustible fire partition having a fire-resistive rating of at least two hours. Each communicating opening in such fire partition shall be protected by a self-closing fire door having a fire-resistive rating of at least 1 1/2 hours. Such doors may have vision panels of wired glass, provided such glass maintains the same fire-resistive rating as the door and is installed in accordance with § 88-12II . D. Occupancy. (1) Occupancies not under the control and management nor necessary to the administration of such institutions or homes are prohibited therein, except for residence facilities for personnel or management required by the administration to live in such building: (2) Patients shall not be permitted to sleep in basements or cellars. (3) Personnel shall not have living or sleeping quarters in cellars. (4) Nonambulatory patients shall not be placed above the first floor unless the building is of fireproof construction and completely sprinklered. E. Capacity of institution. The number of patients occupying such institution shall be limited to the number as listed in the Statement of Registry approved by the officer charged with the enforcement of this section. F. Halls, stairways, passageways, etc. All halls, stairways, passageways, including those to cellar and attic, shall be enclosed with approved fire-resistive partitions and with self-closing fireproof doors at all levels. G. Ramps. Exterior ramps may be permitted, provided they are at least 44 inches wide and have handrails on each side and have a maximum slope of one in 12 inches. H. Painting. All rooms, halls, stair- and passageways shall be painted with a fire-retardant paint having a flame spread of not more than "25." A manufacturer's paint certificate shall be submitted to the Building Department stating the name of paint used, where applied and the flame-spread rating. I. Doors. (1) No locks shall be installed on patient-room doors, except in mental institutions under such conditions as permitted by the officer charged with the enforcement of this section. (2) In buildings hereafter converted or erected, all doorways to patient-occupied spaces, all doorways between patient-occupied spaces and the required exits, and all exit doorways shall be at least 44 inches in clear width. (3) Revolving doors shall not be counted as required exits and may only be located at main entrances where not subject to emergency use by patients. (4) Every patient-sleeping room, unless it has a door leading directly outside of the building, shall have at least one outside window which can be readily opened from the inside and of such size as to be usable in an emergency. (5) All doors to patients' rooms shall be self-closing and may be provided with a clear, one-fourth-inch plateglass vision panel. (6) There shall be provided outside landings at least six inches greater on each side than the width of the exit doors and equivalent in depth to at least the swing of the door. (7) All required exit doors shall be provided with panic hardware or nonlockable hardware so as to permit such doors to be readily opened from the inside. Exit doors shall open outwardly and there shall be no obstructions to such doors at any time. There shall be an exterior light fixture at each exit and shall be kept lighted between sunset and sunrise. (8) Doors and openings to shafts, laundry chutes, dumbwaiter shafts, etc., shall be fireproof and self-closing. J. Smoke doors. Smoke doors shall be required for every 100 feet of continuous travel of every hall or passageway. Such doors shall be fireproof and self-closing, having a fire-resistive rating of at least one hour. They may be double swinging, and there shall be installed clear wired glass vision panels of the same rating as the door and of such size and material as required in § 88-12II . K. Basement or cellar ceilings. Such ceilings shall be covered with fire-retarding material having a fire-resistive rating of at least one hour, in addition to the automatic sprinkler or fire-detection system required. L. Combustible and hazardous materials. The storage of combustible or hazardous materials, or those deemed by the officer charged with the enforcement of this section to be, or likely to create, a hazardous or unsafe condition, shall be prohibited to be stored in any building to which this section refers. Such storage, however, may be on the same premises if, in the opinion of the officer, it is so located and stored so as not to create a hazard or potential danger to such institution. M. Hazardous areas. (1) Boiler or furnace rooms shall be enclosed with at least one-hour fire-resistive materials and all openings between such rooms and other areas shall be protected by a fireproof, self-closing door. (2) Hazardous areas or other areas with contents which may easily ignite, burn with intense flame or result in the projection of dense smoke and fumes shall be separated from other parts of the building by construction having a fire-resistive rating of at least one hour, with openings protected with a fireproof, self-closing door, or in lieu of construction only, shall be protected by an approved automatic sprinkler or fire-detection system. Closets, rooms or spaces used for storage of combustible supplies and equipment such as brooms, insecticides, furniture, floor wax, mattresses, mops, paint and similar articles shall be considered as hazardous areas within the meaning of this section. N. Automatic fire protection. (1) Automatic sprinkler system. (a) Every portion of an existing building which is not of Type 1 or Type 2 construction, as defined by the New York State Building Construction Code, shall be protected by an automatic sprinkler system from cellar to attic, including all rooms and storage spaces. (b) Every portion of a building hereafter erected and every addition hereafter erected to an existing building, and every building hereafter converted to such use, shall be protected as required in Subsection (a) above. (c) Every automatic sprinkler system shall be installed and maintained in accordance with the requirements of the New York Rating Organization of the New York Board of Fire Underwriters, and a permit shall be secured from the Department of Buildings prior to installation. (d) Every automatic sprinkler system shall be connected to the fire alarm system of the local Fire Department where permitted by such Department. (e) Every automatic sprinkler system shall be maintained in operating condition at all times, and if such system is disconnected or inoperative for any cause, the local Fire Department and the Department of Buildings shall be notified immediately upon interruption and upon restoration of such system. (f) An existing automatic sprinkler system, as required herein, may be accepted by the Commissioner of Buildings if, in his opinion, such system is satisfactory and adequate. (g) An Underwriters' certificate shall be required by the Department of Buildings for any electrical work performed in conjunction with the installation of an automatic sprinkler system or for any electrical repairs, additions or extensions thereto. (h) The installation of required automatic sprinkler systems in existing buildings, as specified in Subdivision (a) of this section, shall be effective on July 1, 1970; all other required automatic sprinkler system installations shall be approved by the Department of Buildings prior to occupancy or use. (2) Automatic fire-detection system. (a) Every portion of an existing building which is of Type 1 or Type 2 construction, as defined by the New York State Building Construction Code, shall be protected by an automatic fire-detection system or by an automatic sprinkler system from cellar to attic, including all rooms and storage spaces. (b) Every automatic fire-detection system shall be installed and maintained in conformity with Rule 2 of the New York State Multiple Residence Law , and a permit shall be secured from the Department of Buildings prior to installation. Every automatic sprinkler system shall conform to the requirements of Subsection (1) above. (c) Every automatic fire-detection system shall be connected to the fire alarm system of the local Fire Department where permitted by such Department. (d) Every automatic fire-detection system shall be maintained in operating condition at all times, and if such system is disconnected or inoperative for any cause, the local Fire Department and the Department of Buildings shall be notified immediately upon interruption and upon restoration of such system. (e) An existing automatic fire-detection system or automatic sprinkler system may be accepted by the Commissioner of Buildings if, in his opinion, such system is satisfactory and adequate. (f) An Underwriters' certificate shall be required by the Department of Buildings for any electrical work performed in conjunction with the installation of either an automatic fire-detection system or an automatic sprinkler system or for any electrical repairs, additions or extensions thereto. (g) The installation of either required automatic fire-detection systems or automatic sprinkler systems, as specified in Subdivision (a) of this subsection, shall be effective immediately; all other required installations shall be approved by the Department of Buildings prior to occupancy or use. O. Interior fire alarm system. Every home or institution shall be equipped with an interior fire alarm system consisting of sending stations and sounding devices as provided in Rule 1 of the New York State Multiple Residence Law . Each system shall be tested daily and all fire alarm boxes and sounding devices tested monthly and kept in working order at all times. Records shall be kept and available as to time and date such tests were made and by whom. P. Telephone communication to local Fire Department. All personnel shall be instructed to immediately notify the local Fire Department in the event of fire or smoke conditions, regardless of the extent of such condition. The telephone number and instructions shall be conspicuously posted at all telephones within the building. Q. Fire drills: personnel. (1) All personnel shall be duly trained and instructed in the duties required for an orderly, rapid evacuation in the event of a fire, the necessary procedure in communicating and transmitting an alarm of fire, and the use and operation of all fire-fighting appliances provided on the premises. (2) A monthly test shall be held at different times and shall include all employees. (3) The operator of such home shall be charged with the responsibility of conducting and recording such drills and the instruction and assignment of such duties for all new and regularly assigned personnel. R. Fire-fighting appliances. (1) All fire-fighting appliances shall be provided and located as required by the officer charged with the enforcement of this section, and shall be immediately made serviceable after use. All extinguishers shall be checked and serviced annually and shall be tagged showing the date and name of person or company providing this service. (2) Fire extinguishers shall bear the Fire Underwriters' label and shall be so located on each floor that a person will not have to travel more than 75 feet from any point to reach the nearest unit. At least one unit shall be required for each 2,500 square feet of floor area or fraction thereof. Additional fire extinguishers shall be installed in each kitchen, workshop, cellar and basement storeroom and shall be approved for the specific type of hazard present in such areas as determined by the officer charged with the enforcement of this section. S. Attendant or watchman. There shall be in attendance, on a twenty-four-hour basis, at least one dependable attendant or watchman, of ample agility and physical fitness, whose sole duty shall be to make regular and frequent inspections of all parts of such building from attic to cellar. Such attendant or watchman shall be sufficiently trained in reporting all signs and indications of fire or other dangers and capable of using all fire-fighting equipment provided on the premises. T. Emergency lighting. Automatic emergency lighting shall be installed in all halls, stairways and assembly rooms that in the event of the failure of the regular lighting system, such emergency lighting will automatically operate and continue to operate for a period of not less than 30 minutes. Such system shall be maintained in an operable condition at all times and shall be tested at least once a month and records kept and available for inspection. U. Exits. At least two exits shall be provided from each occupied floor and basement. V. Exits and directional signs. Illuminated exit and directional signs shall be provided for each required exit doorway. W. Fire escapes. All fire escapes required shall be approved by the Building Department and shall be maintained in safe, operable condition, free of rust, snow, ice or any encumbrances. Such fire escapes shall be repainted when necessary or as ordered by the officer charged with the enforcement of this section. Straight-run fire escapes are the only type permitted; drop ladders are prohibited. X. Openings adjacent to fire escapes, etc. All glazed openings which are on the same level as any fire escape balcony or below a stair or fire escape and within a horizontal distance of 10 feet shall be provided with wire glass as required in § 88-12II . Y. Heating and air conditioning. (1) Only central heating shall be permitted and all parts of such system shall be maintained in a clean, safe and operable condition at all times. Prior to the start of the heating season, all parts shall be thoroughly cleaned, checked and adjusted and flue pipes and chimney connections cleaned and made airtight. All chimneys shall be cleaned annually. (2) Central air-conditioning units shall be located remote and separated from all parts of such institutions, and such necessary protection shall be provided as required by the officer charged with the enforcement of this section. The use of any highly flammable, highly irritant or toxic refrigerants in air-conditioning units will not be permitted in the same building housing the institution; and if such are used, it shall be located in a separate building and the circulating system shall be of the indirect type. Such installations shall be approved by the Building Department and tested in the presence of a representative of this Department before acceptance is given. Z. Flameproofing. All drapes, curtains, decorations, floor coverings and acoustical material in all parts used by occupants or visitors, if not of noncombustible material, shall be rendered safe against fire by flameproofing in accordance with the requirements of the National Board of Fire Underwriters. Such flameproofing certificate shall be submitted to the Building Department. Freshly cut flowers, decorative greens or living vegetation which do not contain pitch or resin are permitted in any part of such institution. During the Christmas season, one nonflameproof Christmas tree may be permitted in the entrance foyer or sitting or social room, provided that it shall be kept fresh and not permitted to dry out; the base shall be immersed in water; only approved noncombustible ornaments are used; electric lights shall bear the Underwriters' label and shall be so installed as not to overload the circuit, and an approved two-and-one-half-gallon soda-and-acid or loaded-stream fire extinguisher shall be located within 15 feet and clearly visible. Such tree may be maintained only between December 23 and January 2. AA. Smoking. (1) Smoking shall be prohibited in any room where flammable liquids, combustible gases or oxygen are used or stored and in any other hazardous locations. Such areas shall be posted with no-smoking signs. (2) Smoking by patients shall be strictly regulated and only when a responsible nonpatient is present and in the room. (3) Ashtrays of noncombustible materials shall be provided in all areas where smoking is permitted. Metal containers with self-closing covers shall be provided for the disposal of contents of ashtrays, and the emptying of ashtrays into open wastepaper containers is prohibited.