Town of Wheatland, NY Building Construction and Fire Prevention

Editor's Note: This local law also repealed L.L. No. 3-1974, adopted 12-19-1974, as amended.

§ 54-1 Title.

This chapter shall be known as the "Town of Wheatland, New York State Uniform Fire Prevention and Building Code Administration and Enforcement Law."

§ 54-2 Intent.

It is the intent of this chapter to provide for the administration and enforcement of the provisions of all laws, codes, ordinances, regulations and orders applicable to:

The location, design, materials, construction, alteration, repair, equipment, maintenance, use, occupancy, removal and demolition of buildings, structures and appurtenances located in the Town of Wheatland.

Fire prevention and firesafety regulations consistent with nationally recognized good practice for the safeguarding of life and property from the hazards of fire and explosion arising from hazardous conditions in the use or occupancy of buildings or premises and from the storage and use of hazardous substances, materials and devices.

§ 54-3 Adoption of standards.

[Amended 2-1-2007 by L.L. No. 1-2007]

The Town Board of the Town of Wheatland hereby adopts the New York State Uniform Fire Prevention and Building Code (henceforth referred to as the “Uniform Code”), including the administrative provisions of 19 NYCRR 1203, and all subsequent amendments thereto.

§ 54-4 Office of Building Inspector.

The Town Board of the Town of Wheatland does hereby establish the office to be known as the "Office of the Building Inspector."

Purpose. The purpose of this office is for the administration and enforcement of the provisions of all laws, ordinances, rules, regulations and orders applicable to the location, use, occupancy, removal and demolition of buildings, structures and appurtenances located in the Town.

Personnel.

Building Inspector. The Office shall be headed by a Town officer designated as the "Building Inspector." The Building Inspector shall be appointed by the Town Board at a compensation to be fixed by the Board. The Building Inspector shall report directly to the Town Board and shall not be under the jurisdiction of any other Town department.

Deputy Building Inspector. The Town Board may appoint a Deputy Building Inspector as the need may appear.

Other employees. The Town Board may appoint such other employees as may be deemed necessary to carry out the functions of the Office. The compensation of such employees shall be fixed by the Town Board.

Acting Building Inspector. In the absence of the Building Inspector, or in the case of his inability to act for any reason, the Supervisor shall have the power, with the consent of the Town Board, to designate a person to act on behalf of the Building Inspector and to exercise all the powers conferred upon him by this chapter.

§ 54-5 Office of Fire Marshal.

The Town Board of the Town of Wheatland does hereby establish the office to be known as the "Office of the Fire Marshal."

Purpose. The purpose of this office is for the administration and enforcement of the provisions of all laws, ordinances, rules, regulations and orders applicable to fire prevention and firesafety.

Personnel.

Fire Marshal. The Office shall be headed by a Town officer designated as the "Fire Marshal." The Fire Marshal shall be appointed by the Town Board at a compensation to be fixed by the Board. The Fire Marshal shall report directly to the Town Board and shall not be under the jurisdiction of any other Town department.

Deputy Fire Marshal. Deputy Fire Marshal(s) may be appointed by the Town Board. Their appointments shall continue at the pleasure of the Town Board. Each Deputy Fire Marshal shall have the authority to make fire prevention inspections under Chapter C of the Uniform Code. A copy of any inspection report or other report of other official action shall be filed with the Fire Marshal.

Acting Fire Marshal. In the absence of the Fire Marshal, or in the case of his inability to act for any reason, the Supervisor shall have the power, with the consent of the Town Board, to designate a person to act on the behalf of the Fire Marshal and to exercise all the powers conferred upon the Fire Marshal by this chapter.

§ 54-6 Code enforcement officials.

The Building Inspector, Deputy Building Inspector, Acting Building Inspector, Fire Marshal, Deputy Fire Marshal and Acting Fire Marshal are code enforcement officials as defined in the Uniform Code.

§ 54-7 Fire Coordinator; assistants.

Fire Coordinator. (Reserved)

Assistant Fire Coordinators. The Building Inspector and the Fire Marshal are hereby designated "Assistant Fire Coordinators" for the Town of Wheatland.

§ 54-8 Powers and duties of Building Inspector and Fire Marshal.

Building Inspector. Except as otherwise provided by law, ordinance, rule or regulation, the Building Inspector shall administer and enforce all provisions of laws, codes, ordinances, rules, regulations and orders applicable to the location, design, materials, construction, alteration, repair, equipment, maintenance, use, occupancy, removal and demolition of buildings, structures and appurtenances thereof not specifically delegated as responsibilities of the Fire Marshal.

[1]Joint responsibilities on Uniform Code. The Building Inspector and the Fire Marshal shall jointly administer and enforce those provisions of the Uniform Code dealing with building construction related to fire prevention and firesafety.

Editor’s Note: Former Subsection B, regarding the powers and duties of the Fire Marshal, was deleted 2-1-2007 by L.L. No. 1-2007.

Other duties.

The Building Inspector and/or the Fire Marshal, as may be appropriate, shall issue notices or orders to remove illegal or unsafe conditions, to require the necessary safeguards during construction or demolition and to assure compliance with all applicable laws, codes, ordinances, rules and regulations.

The Building Inspector and Fire Marshal shall keep official records of all transactions and activities of their respective offices, including records of all applications received, all permits and certificates issued, inspections conducted and notices and orders issued.

In addition to duties specified in this chapter, the Building Inspector and Fire Marshal shall perform such other duties as may be assigned by the Town Board.

§ 54-13 Issuance or denial of permits; nontransferability; extensions; authorization of inspections; consolidated permits.

The Fire Marshal may assist, where practicable, in determining the cause and origin of any fire occurring in the Town of Wheatland which involves loss of life or injury to persons or by which property has been destroyed or substantially damaged.

§ 54-9 Cooperation with Building Inspector.

The Building Inspector may request and shall receive, so far as may be necessary in the discharge of his duties, the assistance and cooperation of all other municipal officials exercising any jurisdiction over the construction, use or occupancy of buildings or the installation of equipment therein.

§ 54-10 Applicability of standards.

The provisions of the Uniform Code relating to maintenance, housekeeping and behavior regulations so as to protect life and property against the hazards of fire, explosion and the release of toxic gases arising from the storage, handling or use of combustible or hazardous substances, materials or devices shall apply equally to new and existing buildings and conditions.

The Building Inspector and/or Fire Marshal, as may be appropriate, shall have the authority to permit the continuance of existing conditions not in strict compliance with the terms for this chapter where the exceptions do not constitute a distinct hazard to life or property.

§ 54-11 Appeals; removal of hazards.

Whenever the Building Inspector or Fire Marshal shall disapprove an application or refuse to grant a permit applied for or when it is claimed that the provisions of the Uniform Code do not apply or that the intent and meaning of this chapter have been misconstrued or misinterpreted, the person affected may appeal from the decision of the Building Inspector or Fire Marshal to the New York State Uniform Fire Prevention and Building Code Board of Review established under the applicable provisions of the New York State Executive Law.

The procedures set forth herein for appeals shall not prohibit the Building Inspector or Fire Marshal from immediately removing a hazard or ordering the immediate closing of a building or premises until a violation of this chapter has been corrected when such hazard or existence of such violation constitutes a distinct hazard to life or public safety.

§ 54-12 Permits required; applications.

No person, firm or corporation shall commence erection, construction, enlargement, alteration, removal, improvement, demolition, conversion or installation therein of any building or structure or change in use or occupancy of any building or structure without first obtaining appropriate required permits from the Building Inspector or Fire Marshal. No permit shall be required for construction work which is not structural in nature and does not entail installation of plumbing, electrical, heating or ventilation systems or components in addition to such systems already in use. No permit shall be required for work of an ordinary replacement or maintenance nature, except as otherwise stated in this chapter.

Application for a permit shall be made, on forms provided by the Town, by the owner or lessee or the agent of either or by the architect, engineer or builder employed in connection with the proposed work.

Each application for a permit shall be accompanied by duplicate copies of plans and specifications, including a plot plan, drawn to scale, showing the location and size of all proposed new construction, as well as the location of all existing structures on the site, distances from lot lines, the relationship of structures on adjacent property, widths and grades of adjoining streets, walks and alleys, watercourses, easements and utilities on the property. Said plans and specifications shall show the size of all proposed new construction, describe the nature and character of the work to be performed and all materials to be incorporated and, where required by the Building Inspector, details of structural, plumbing, mechanical and electrical work, including computations, stress diagrams and other essential data.

The aforementioned requirements of this section may be waived by the Building Inspector where it appears that strict application of this section would create and undue hardship and where it further appears that the strict application of this section would not result in a violation by the applicant of any of the other sections of this chapter or of any other ordinance, rule or regulation.

Plans and specifications shall bear the signature of the person responsible for the design and drawings and, where required by § 7302, as amended, of Article 147 of the Education Law of the State of New York, the seal of a licensed architect or a licensed professional engineer.

In all cases where there is to be installation of new plumbing or alteration of existing plumbing, a plumbing permit must be obtained.

The Fire Marshal shall issue all permits for solid-fuel-burning appliances, chimneys and/or flues.

Amendments to any application, plan or specifications may be filed at any time prior to commencement of the work. Such amendments shall likewise be subject to the approval of the Building Inspector and/or Fire Marshal, as may be appropriate.

The Building Inspector and/or Fire Marshal, as may be appropriate, shall review or cause to be reviewed applications for permits, together with the plans, specifications and documents filed therewith.

Upon the payment of the required fee and upon satisfactory proof being given that the applicant is in compliance with the applicable provisions, rules and regulations of this chapter, a permit may be issued by and bear the name and signature of the Building Inspector or Fire Marshal, as may be appropriate.

Any permit granted hereunder shall be limited only to the activity authorized on said permit, and its continued validity shall be subject to the conditions set forth in said permit.

Any permit granted hereunder shall not be transferable except when transfer is approved by the appropriate official, and any change in the activity, size, extent or type of operation, location, ownership or use shall require a new permit.

Permits shall continue until revoked as provided for herein or for a period of time designated at the time of issuance. An extension of the permit time period may be granted, provided that satisfactory justification can be shown for failure to start or complete the work or activity authorized within the required time period.

Any application for or acceptance of any permit issued or requested pursuant to this chapter constitutes agreement and consent by the person making application or accepting the permit to allow the Building Inspector and/or Fire Marshal to enter upon the premises at any time to conduct inspections as required by this chapter. Refusal to allow the Building Inspector or Fire Marshal to conduct said inspections of the premises and their records related to such permit or required to be maintained by this chapter shall constitute sufficient justification for the summary and immediate revocation or suspension of said permit. In addition, should the Building Inspector or Fire Marshal deem it necessary, either may make an application to any court of competent jurisdiction to obtain a warrant authorizing an inspection of the premises in question.

Consolidated permits. When more than one permit is required by the Fire Marshal for the same property or premises, a single permit may be issued listing all materials or operations covered. Revocation or suspension as set forth herein of a portion or portions of such consolidated permit for specific hazardous materials or operations may, at the sole discretion of the Fire Marshal, be sufficient cause to revoke or suspend the other permitted activities.

§ 54-14 Fees.

A schedule of fees is on file and available in the Town offices.

§ 54-15 Commencement and performance of work; posting of permits.

A building permit shall be effective to authorize the commencing and continuance of work in accordance with the application, plans and specification on which it is based for a period of 12 months after the date of issuance. For good cause shown, the Building Inspector may allow a maximum of two extensions for commencement of such work for periods not exceeding six months each. Other permits shall be effective as stated in other sections of this chapter.

The issuance of a permit shall constitute authority to the applicant to proceed with the work in accordance with all applicable laws, codes, ordinances, rules and/or regulations.

A building permit shall become void if work does not commence within one year after the date of the issuance, unless extended as provided in Subsection A above.

Permits issued by the Fire Marshal shall be kept posted in a conspicuous place on the property or premises covered by the permit for as long a period of time as the permitted activity continues. Such permits issued by the Fire Marshal shall be valid for the period so stated on said permit and shall be renewed as required upon the application therefor and the payment of the applicable permit fee.

§ 54-16 Revocation or suspension of permits.

The Building Inspector and Fire Marshal shall have the authority to revoke permits issued by them as follows:

Where it is found that there have been false statements or misrepresentations as to a material fact in the application, plans or specifications upon which the permit was granted.

Where it is found that the permit was issued in error and should not have been issued in accordance with the applicable laws, codes, ordinances, rules or regulations.

Where the person to whom the permit has been issued fails or refuses to comply with a stop-work order duly issued by the Building Inspector.

In the event of a violation of this chapter, the Fire Marshal may, in addition to the other penalties provided for herein, suspend said permit until such time as the violation is corrected. Should the Fire Marshal determine that the violation constitutes a distinct hazard to life or public safety, he may order the premises secured immediately until said violation is corrected.

§ 54-17 Stop-work orders.

Whenever the Building Inspector has reasonable grounds to believe that the work on any building or structure is proceeding without permit or is otherwise in violation of the provisions of any applicable law, code, ordinance, rule or regulation or is not in conformity with any of the provisions of the application, plans or specifications on the basis of which a permit was issued or is being conducted in an unsafe or dangerous manner, he shall notify either the owner of the property or the owner's agent or the person, firm or corporation performing the work to immediately suspend all work. In such instance, any and all persons shall immediately suspend all related activities until the stop-work order has been duly rescinded.

Such stop-work order shall be in writing on a form prescribed by the Building Inspector and shall state the reason for the stop-work order, together with the date of issuance. The stop-work order shall bear the signature of the Building Inspector and shall be prominently posted at the work site.

§ 54-18 Inspections.

A schedule of required inspections shall be made available to all applicants for permits.

It shall be the responsibility of the owner or his agent to notify the Building Inspector and/or Fire Marshal when work is ready for each required inspection.

Inspections of all work authorized by a building permit shall be requested by notification of the Building Inspector and/or Fire Marshal not less than one working day prior to the time the inspection is to be scheduled. All inspections shall be scheduled as soon as possible, subject to the availability of the Building Inspector and Fire Marshal.

Firesafety inspections shall be conducted on a regular schedule by the Fire Marshal. All areas of public assembly shall be inspected at least once each year. Multiple dwellings and all nonresidential occupancies shall be inspected at least once every two years. Dwellings shall be inspected only upon bona fide complaints or upon request of the owner or occupant.

Inspections of the installation of any solid-fuel-burning heating appliances and associated chimneys and flues shall be conducted by the Fire Marshal. No person shall use or permit the use of any solid-fuel-burning appliance, chimney or flue which has been installed, constructed, reconstructed, repaired or altered or which has been subjected to a chimney fire, unless and until said appliance, chimney or flue has been inspected by the Fire Marshal and a certificate of compliance issued by him. Failure to comply with these provisions is a violation of this chapter and is grounds for ordering that the premises be vacated.

For all other inspections, specific requirements as to the advance time for inspection requests and the acceptable means of notification shall be at the discretion of the Building Inspector and/or Fire Marshal or in accordance with established procedures, rules or regulations.

Failure to request a required inspection shall be cause for rejection of the work or an order to expose the work for inspection.

Where permits are required, the Building Inspector and/or Fire Marshal may at any reasonable hour enter any building or premises within the Town of Wheatland for the purpose of making the required inspections.

Upon written complaint of any person, duly affirmed under penalty of perjury, alleging a violation of this chapter or of the Uniform Code, the Building Inspector and/or Fire Marshal shall investigate the complaint and make written report to the complainant, the owner of the property, the Supervisor and the Town Board.

The Building Inspector and/or Fire Marshal may at any reasonable hour enter any building or premises for the purpose of making any inspection or investigation to ensure compliance with the provisions of this chapter and the Uniform Code.

Should entrance to make an inspection be refused or permission to enter be unable to be obtained, application may be made for a warrant to make such inspection to any court of competent jurisdiction.

Open burning must be done in accordance with the Monroe County Clean Air Act. All controlled burnings must first be checked by the Fire Marshal for compliance and properly set up with notification to the respective Fire Chiefs and Departments, Town Clerk, and the Monroe County Fire Dispatcher's office.

[Amended 2-1-2007 by L.L. No. 1-2007]

§ 54-19 Certificate of occupancy required.

No building hereafter erected shall be used or occupied in whole or in part until a certificate of occupancy shall have been duly issued by the Building Inspector.

No building hereafter enlarged, extended or altered or upon which work has been performed which required the issuance of a permit shall continue to be occupied or used for more than 30 days after the completion of the alteration or work unless a certificate of occupancy shall have been issued by the Building Inspector.

§ 54-20 Issuance of certificates of occupancy.

When, after final inspection, it is found that the proposed work has been fully completed in accordance with all applicable building laws, ordinances, rules and regulations, and also in full accordance with the application, plans and specifications filed in connection with the issuance of the permit, the Building Inspector shall issue a certificate of occupancy upon the form provided by his office. In the event that it is found that all proposed work has not been properly completed, the Building Inspector shall refuse to issue a certificate of occupancy and shall order the work completed in conformity with the applicable building regulations.

The certificate of occupancy shall certify that the work has been completed and that the proposed use and occupancy are in conformity with the provisions of the applicable building laws, ordinances and regulations and shall specify the use or uses and the extent thereof to which the building or structure or its several parts may be put.

The owner or his agent must submit to the Building Inspector an instrument survey map showing the true location of the new building or additions in reference to all the property lines and existing structures. The Building Inspector may waive this requirement for minor additions.

§ 54-21 Temporary certificates of occupancy.

Upon request, the Building Inspector may issue a temporary certificate of occupancy for a building or structure, or parts thereof, before the entire work covered by the permit shall have been completed, provided that such portion or portions as have been completed may be occupied safely without endangering life or public welfare. A temporary certificate of occupancy shall remain effective for a period not exceeding 30 days from its date of issuance. For good cause the Building Inspector may allow a maximum of two extensions for periods not exceeding 30 days each.

§ 54-22 Certificates of compliance.

Certificates of compliance shall be used to indicate conformance with this chapter and the Uniform Code of installations which require inspection but would not be issued a certificate of occupancy. Such installations include, but are not limited to, solid-fuel-burning heating appliances and their associated chimneys and flues, swimming pools and their fences, plumbing installations, other equipment installations, installation and removal of underground tanks and firesafety inspections.

Certificates of compliance shall be issued by the Building Inspector or Fire Marshal only after inspection which shows installation is in conformance with this chapter and the Uniform Code.

Certificates of compliance may be revoked when there has been substantial and unauthorized change in conditions which render or may render the installation not in conformance with this chapter and the Uniform Code.

§ 54-23 Permits for special occupancy or storage of hazardous materials.

Permits shall be obtained from the Fire Marshal, in addition to any other required approvals, for the following:

Combustible fibers: to store, handle or use combustible fibers in quantities in excess of 100 cubic feet, except for agricultural products on a farm.

Combustible materials: to store combustible materials, including but not limited to empty combustible packing cases, boxes, barrels or similar containers, rubber tires, baled cotton, rubber, cork or other similar materials in excess of 3,500 cubic feet gross volume, on any premises.

Compressed gases:

(a)

To store, handle or use at normal temperatures at pressures more than:

Two thousand cubic feet of flammable compressed gas; or

[2]

Six thousand cubic feet of nonflammable compressed gas.

(b)

To store, handle or use any quantity of liquefied hydrogen gas.

Day-care center: to operate a day-care center as defined by the Uniform Code.

(5)

Explosive ammunition and blasting agents:

(a)

To manufacture, possess, store, sell or otherwise dispose of explosives and blasting agents.

(b)

To use explosives or blasting agents.

(c)

To operate a terminal for handling explosives or blasting agents.

(6)

Flammable and combustible liquids:

(a)

For processing, blending or refining of flammable or combustible liquids.

(b)

To install, alter or replace any underground or aboveground tank, pump, piping and other equipment relating to the storage of flammable and combustible liquids.

(7)

Flammable finishing, for spraying, coating or dipping operations utilizing flammable or combustible liquids.

(8)

Hazardous chemicals: to store, handle or use more than 55 gallons of corrosive liquids, or more than 50 pounds of oxidizing materials, or more than 10 pounds of organic peroxides, or more than 50 pounds of nitromethane, or 1,000 pounds or more ammonium nitrate fertilizers and fertilizer mixtures containing 50% or more of ammonium or any amount of toxic materials or poisonous gas.

(9)

Liquefied petroleum gas: for each installation of liquefied petroleum gas employing a container or an aggregate of interconnected containers of 500 gallons or more water capacity, and for each permanent installation, irrespective of the size of containers, made at buildings in which 20 or more persons congregate for civic, political, educational, religious, social or recreational purposes. Installers shall maintain a record of all installations and replacements of portable cylinders and shall have it available for inspection.

(10)

Waste oil heater: to operate, maintain or use a waste oil heater in any service station, self-service station or repair garage.

(11)

As allowed in the New York State Uniform Fire Prevention and Building Code and any other special hazards or conditions identified by the Fire Marshal or Building Inspector.

[Added 3-3-2016 by L.L. No. 2-2016]

All such permits as herein required shall be valid for a period of one year and shall be renewed yearly upon application therefor and the payment of the permit fee as herein required.

§ 54-24 Removal of dangerous buildings or structures.

[Amended 2-1-2007 by L.L. No. 1-2007]

Whenever it is found that a building or structure, or part thereof, may be an imminent danger to life and the safety of the public, the procedures in Chapter 58, Unsafe Buildings, shall be followed.[1]

Editor’s Note: Former §§ 36-25 through 36-33, establishing regulations regarding supplementary administrative procedures, emergency access, means of egress, water supply, fire alarm systems, assembly spaces and areas of public assembly, service stations and garages, liquid storage tanks and solid-fuel-burning heating appliances, which immediately followed this section, were deleted 2-1-2007 by L.L. No. 1-2007.

§ 54-25 Penalties for offenses.

Violations, procedures for correction, appearance tickets, fire lane and parking violations.

It shall be unlawful for any person, firm or corporation to construct, alter, repair, remove, move, demolish, equip, use, occupy or maintain any building or structure or portion thereof in violation of any of the provisions of this chapter or fail in any manner to comply with any notice, directive or order of the Building Inspector and/or Fire Marshal or to construct, alter or use and occupy any building or structure or part thereof in a manner not permitted by an approved building permit, use permit, plumbing permit or certificate of occupancy.

Any individual, partnership, corporation or other firm owning, operating, occupying or maintaining property or premises within the scope of the Uniform Code or this chapter shall comply with all the provisions of the Uniform Code, this chapter and all orders, notices, rules, regulations or determinations issued in connection therewith.

Whenever it is found that there has been a violation of the Uniform Code, this chapter or any rule or regulation adopted pursuant to this chapter, a violation notice and/or appearance ticket may be issued to the person, individual, partnership or corporation owning, operating or maintaining the premises in which such violation has been noted.

Violation notices shall be in writing, shall identify the property or premises, shall specify the violation or remedial action to be taken and shall provide that said violation must be corrected within 10 days from the receipt of said violation notice unless said ten-day period shall be modified in the discretion of the enforcement officer issuing such violation notice or unless a shorter period of time has been prescribed in this chapter.

(5)

Violation notices and other orders or notices referred to in this chapter shall be served on the owner or one of the owner's executors, legal representatives, agents, lessees, any tenant or other person occupying the premises or other person having a vested or contingent interest in the premises, either personally or by certified mail, addressed to the last known address, if any, of the owner or one of the owner's executors, legal representatives, agents, lessees or other person having a vested or contingent interest in the same, as shown by the last preceding completed record of the Receiver of Taxes or in the office of the County Clerk.

(6)

Appearance tickets. The Building Inspector and/or Fire Marshal shall have the authority, pursuant to the Criminal Procedure Law, to issue an appearance ticket subscribed by him directing a designated person to appear in court at a designated time in connection with the commission of a violation of this chapter or any order made thereunder.

Penalties.

Any person who shall fail to comply with a written order of the Building Inspector and/or Fire Marshal within the time fixed for compliance therewith and any owner, builder, architect, tenant, contractor, subcontractor, plumber, construction superintendent or their agents or any other person taking part or assisting in the construction or use of any building who shall violate any of the applicable provisions of this chapter or any lawful order, notice, directive, permit or certificate of the Building Inspector and/or Fire Marshal made thereunder or in addition to any other penalties provided for in this chapter, any person who shall violate any provision of this chapter, the Uniform Code, any rules or regulations adopted pursuant to this chapter 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 shall be guilty of an offense punishable by a fine of not more than $1,000 or by imprisonment for not more than 15 days, or both, and each day such violation continues shall constitute a separate violation. The imposition of such penalty shall not be held to prohibit the enforced removal of prohibited conditions by any appropriate remedy, including immediate application for an injunction.

[Amended 2-1-2007 by L.L. No. 1-2007; 10-17-2019 by L.L. No. 3-2019]

An action or proceeding in the name of the Town of Wheatland, New York, may be commenced in any court of competent jurisdiction to compel compliance with or restrain by injunction the violation of any provision of the Uniform Code, this chapter, rule or regulation adopted pursuant to this chapter or a violation of any order to vacate the occupancy or building in the case of imminent danger to life or property. Such remedy shall be in addition to penalties otherwise prescribed by law.

§ 54-26 Plumbing and plumbers.

(Reserved)

§ 54-27 Liability of Town and employees for damages.

This chapter shall not be constructed to hold any code enforcement officer of the Town of Wheatland or the Town of Wheatland responsible for any damages to persons or property by reason of the inspection or reinspection authorized herein or failure to inspect or reinspect as required by any permits under this chapter, nor shall it be liable for any damage to persons or property by reason of the Building Inspector's and/or Fire Marshal's exercising their discretion as provided in this chapter.

§ 54-28 Fire prevention; rapid emergency entry system.

[Added 11-21-2019 by L.L. No. 6-2019]

General provisions.

The Town of Wheatland recognizes the importance and need of providing the fire departments rapid entry into locked buildings/structures. Delays in the fire department gaining rapid entry reduces the occupant's chance for survival in a fire, the chances for substantial property damage increases because of delays, and for firefighters safety and survival may be compromised because of said entry delays. Additionally, delays in providing prompt prehospital care to the sick and injured as a result of locked/secured structures may/will have a negative outcome on patient recovery. The benefits of installing a single standard Knox-Box^® system Town-wide include providing immediate emergency access to firefighters leading to increasing fire department efficiency; preventing costly forced entry damage and to allow undamaged doors to be resecured after the emergency; and protect property, inventory, equipment and supplies as well as firefighters against possible injury.

To assist the fire departments in gaining rapid entry into locked/secured buildings/structures, the Town of Wheatland hereby adopts a rapid entry system section utilizing the "Knox-Box^®" rapid entry key box system for the Town.

TOWN CODE ENFORCEMENT OFFICE

There shall be a single standard lock box system used for emergency access for the Town of Wheatland. This system will be administered by the Town Fire Marshal, Deputy Fire Marshal or their designees.

Definitions. As used in this section, the following terms shall have the meanings indicated:

FIRE OFFICIAL

Includes Code Enforcement Officer, Fire Marshal, Fire Chief, and/or other fire department member designated by the Fire Chief and shall express the opinion of the fire department regarding key lock boxes (Knox-Boxes^®), their mounting, location and number needed.

GATE/DOOR/ENTRANCE

Any gate, crossbar, door or other construction device which is utilized for the purpose of restricting, controlling or obstructing entry by motor vehicle or pedestrians to or from private streets, parking areas, fenced areas or other enclosed or unenclosed which is not manned 24 hours a day, seven days a week by a person capable of providing immediate access by a police or fire safety vehicle and personnel.

KEY LOCK BOX (KNOX-BOX^®)

A device designed to hold entry devices including keys, access cards, plans, lists etc., which allows access to a building, business or multifamily residential complex and which is mounted in an approved position on the premises.

The department head of the Building and Code Enforcement Department of the Town or a designee within that department.

Knox-Box^® requirement.

Knox-Box^® required for new commercial buildings. All new commercial buildings shall have installed a Knox-Box^® of UL type and size approved by the Fire Marshal, in a location specified by the Town Fire Official prior to the issuance of the permit of occupancy.

Knox-Box^® required for existing commercial buildings with improvements. All existing commercial buildings constructing improvements shall have installed a Knox-Box^® of UL type and size approved by the Town Fire Official, in a location specified by the Town Fire Official prior to the issuance of the building permit.

Knox-Box^® required for new multifamily residential structures. All new multifamily residential structures that have restricted access through locked doors and have a common corridor for access to the living units shall have installed a Knox-Box^® of UL type and size approved by the Town Fire Official in a location specified by the Town Fire Official prior to the issuance of the permit of occupancy.

Any gate, door or entrance that restricts fire department access.

(5)

All buildings/structures which are protected with an automatic fire suppression or standpipe system and are not manned during a twenty-four-hour, seven-day-a-week operation shall be equipped with a key lock box.

(6)

All buildings/structures which are protected by an automatic fire alarm system (auto dialer, central station, external audible alarm) and are not manned during a twenty-four-hour, seven-day-a-week operation shall be equipped with a key lock box.

(7)

Any special situation identified by a Fire Department Chief where emergency access is restricted or there is an extended response time for access. The Fire Chief may forward the situation to the Town Fire Marshal for review. If after reviewing the Fire Marshal concurs with the Fire Department, the property owner will be required to install a Knox-Box^®.

(8)

Nothing in this section forbids any person from installing a Town standard lock box for emergency access in a commercial or residential building that is not required to be installed.

Installation and maintenance. Lock boxes (Knox-Boxes^®) shall be installed in a location as approved by the Fire Marshal and/or Code Enforcement Officer of the Town. The Fire Marshal shall notify the fire departments of any installation.

Maintenance. It shall be the responsibility of the business or premises owner to:

Assume all costs involved in the purchase and installation of the lock boxes (Knox-Boxes^®) and supplying the required contents for it.

Keep said lock boxes (Knox-Boxes^®) in good repair and visible to fire and code officials.

Ensure that all key information required to be contained in the lock boxes (Knox-Boxes^®) shall be provided and kept current.

§ 54-29 Fire prevention; fire lanes.

[Added 11-21-2019 by L.L. No. 7-2019]

Definitions. As used in this section, the following terms shall have the meanings indicated:

FIRE LANE

The area within any public right-of-way, easement or private property designated for fire trucks and other firefighting or emergency equipment to use, travel upon and/or park.

Establishment.

Fire lanes in conformance with this section shall be established by the Town Fire Marshal, Deputy Fire Marshal or their designee, in conjunction with the Fire Chief.

Fire lanes shall be established and devoted to public use where the parking and standing of motor vehicles or other obstructions may interfere with the ingress of Fire Department or other emergency vehicles for the protection of life and property, including but not limited to private apartment and condominium complexes, shopping centers, bowling lanes, theaters, hospitals, churches, nursing homes, schools and other places of public assembly.

Fire lanes shall be marked with standard signs and/or such other markings and signs which conform to accepted sign standards as set forth in the New York State Manual of Uniform Traffic Control Devices and which are deemed necessary by the Code Enforcement Officer(s) of the Town of Wheatland.

A Fire Chief of the Fire Department serving the affected area of the Town of Wheatland may request establishment of a fire lane or additional marking for a fire lane.

Hydrants and standpipes.

Notwithstanding and not in limitation of any other provision thereof, no automobile, truck or other motor vehicle and no physical object or material of any nature shall be parked, placed or permitted to remain for any length of time whatever within 15 feet in any direction from any fire hydrant located at, on or near any interior street, roadway or driveway within any premises.

A minimum clearance of three feet in any direction from the fire standpipe and sprinkler siamese connections shall be maintained at all times to allow the Fire Department adequate access.

Property owner responsibility.

The owner, manager or person in charge of any property upon which designated fire lanes have been established shall be responsible for, and not allow, vehicles or other objects to park in such fire lanes.

Maintenance. Fire lane markings shall be installed and maintained at the expense of the property owner as often as is deemed necessary to clearly identify the designated area as a fire lane.

Enforcement.

No person shall park, stand or stop a vehicle in a designated fire lane except to avoid conflict with other traffic or pedestrians or in obedience to direction of a peace officer or stop sign, nor shall any person, in any manner, obstruct any fire lane or other means of access to a building or premises or otherwise obstruct a source of water or other service necessary for firefighting purposes. The parking, placing, stopping or standing of any motor vehicle or any other object or material within any area designated as a fire lane shall be a violation of this chapter.

Any vehicle or object obstructing a designated fire lane is hereby declared a traffic and fire hazard and may be immediately impounded pursuant to the applicable state law, and Uniform Fire Code, without prior notification to its owner. Pursuant to state law, the owner may be held responsible for all impound fees.

Whenever a peace officer, the Fire Marshal or a duly authorized assistant deems that an obstruction to or on a fire lane or other means of access to a building or premises, or that an obstruction to a source of water or other service necessary for firefighting purposes, is such that it constitutes a distinct hazard to life or public safety or is interfering with the operation of the Fire Department during an emergency, he may order the obstruction removed immediately at the owner's expense.