[HISTORY: Adopted by the Town Board of the
Town of Gates 3-3-1997 by L.L. No. 2-1997. Amendments noted where
applicable.]
This chapter shall be known and cited as the
"Gates Building Construction and Fire Prevention Code." 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:
A.
The location, design, materials, construction, alteration,
repair, equipment, maintenance, use, occupancy, removal and demolition
of buildings, structures and appurtenances in the town.
B.
Fire prevention and firesafety regulations consistent
with nationally recognized good practice for the safeguarding, to
a reasonable degree, of life and property from the hazards of fire
and explosions 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.
There is hereby adopted by the Town Board of
the Town of Gates, Monroe County, New York, for the purpose of prescribing
regulations governing building construction and conditions hazardous
to life and property from fire, explosion or other cause, the regulations
and standards as set forth in the New York State Uniform Fire Prevention
and Building Code and amendments thereto (henceforth referred to as
the "Uniform Code").
All technical terms used in this chapter shall
be defined as set forth in the Uniform Code, latest edition, and/or
the applicable generally accepted standards contained in said Uniform
Code, except as such terms may otherwise be defined in this chapter.
A.
The Uniform Code and this chapter shall be administered
and enforced by the Building Inspector and Fire Marshal as follows:
(1)
The Fire Marshal shall enforce Chapter B, Parts 790
through 794 inclusive, and Chapter C, Parts 1150 through 1197 inclusive,
of the Uniform Code. In addition, the Fire Marshal shall also enforce
jointly with the Building Inspector those provisions of the Uniform
Code dealing with building construction related to fire prevention
and firesafety.
(2)
The Building Inspector shall enforce all other provisions
of the Uniform Code not specifically delegated to the Fire Marshal
and shall jointly enforce with the Fire Marshal those provisions of
the Uniform Code dealing with building construction related to fire
prevention and firesafety.
B.
The Building Inspector may be assisted by such Deputy
or Assistant Building Inspectors as may be appointed by the Town Board
who shall have the power to act generally for and on behalf of the
Building Inspector. Additionally, the Building Inspector may be assisted
by one or more other employees as may be deemed necessary to carry
out the functions of the office.
C.
Any Deputy Fire Marshals shall be appointed by the
Gates Town Board. Any Deputy Fire Marshal shall have the power to
act generally for and on behalf of the Fire Marshal. Their appointments
shall continue at the pleasure of the Town Board.
D.
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.
E.
The Town Board of the Town of Gates may appoint a
temporary Building Inspector or Fire Marshal in the event that such
officer becomes unable to perform his duties due to illness or disability.
F.
Powers and duties of Building Inspector and Fire Marshal.
(1)
Except as otherwise specifically provided by law,
ordinance, rule or regulation or except as herein otherwise provided,
the Building Inspector shall administer and enforce all the 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. The Fire Marshal
shall administer and enforce all laws, codes, ordinances, regulations
and orders applicable to fire prevention and firesafety.
(2)
The Building Inspector and/or the Fire Marshal, as
may be appropriate, shall issue appropriate 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.
(3)
The Fire Marshal may assist, where practicable, in
determining the cause and origin of any fire occurring in the Town
of Gates which is of a suspicious nature or which involves loss of
life or injury to persons or by which property has been destroyed
or substantially damaged.
[Amended 9-7-1999 by L.L. No. 2-1999]
(4)
The Building Inspector and Fire Marshal shall keep
official records of all transactions and activities of the office,
including records of all applications received, all permits and certificates
issued, inspections conducted and notices and orders issued.
(5)
In addition to the duties specified in this chapter,
the Building Inspector and Fire Marshal shall perform such other duties
as may be assigned by the Town Board.
A.
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.
B.
The Building Inspector and/or the Fire Marshal as
may be appropriate with the approval of the Town Board shall have
the authority to permit the continuance of existing conditions not
in strict compliance with the terms of this chapter where the exceptions
do not constitute a distinct hazard to life or property.
C.
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 Board of Review,
established under the applicable provisions of § 381 of
the New York State Executive Law.
D.
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.
E.
Buildings used for any commercial or industrial purpose
shall be considered commercial buildings and their occupancy shall
be regulated in accordance with the following:
(1)
Occupancy of a commercial building shall commence
when the building is occupied by employees and customers or clients
for the purpose of conducting regular business.
(2)
Tenancy of a commercial building shall be deemed to
have changed whenever there is a change in the ownership of a business
or a change in the nature of the business. The Building Inspector
shall determine whether there has been a change in tenancy.
(3)
Whenever there is a change in tenancy of a commercial
building or part of a commercial building, an inspection by the Fire
Marshal shall be required. The building or part shall not be occupied
until all violations noted by the Fire Marshal have been corrected.
(4)
Whenever the occupancy group classification of a commercial
building or part of a building is changed, the building or part shall
not be occupied until a new certificate of occupancy is issued. A
certificate of occupancy shall not be issued until the building or
part is brought into complete conformance with Chapter B of the Uniform
Code. Plans shall be filed with the Building Inspector and Fire Marshal
before the start of any work. Plans shall indicate the scope of work
in sufficient detail to enable the Town of Gates to determine code
compliance. A building permit shall be required and no work shall
be done prior to the issuance of the building permit.
(5)
Whenever a commercial building or part of a building
is vacant for a period of six months or more, the building or part
shall not be occupied until a new certificate of occupancy is issued.
A certificate of occupancy shall not be issued until the building
or part is brought into complete conformance with Chapter B of the
Uniform Code. Plans shall be filed with the Building Inspector and
Fire Marshal before start of any work. Plans shall indicate the scope
of work in sufficient detail to enable the Town of Gates to determine
code compliance. A building permit shall be required and no work shall
be done prior to issuance of the building permit.
(6)
Whenever compliance with the above sections shall
cause extreme hardship, the Building Inspector and Fire Marshal are
authorized to modify the strict enforcement of this chapter and the
Uniform Code upon their written finding that such modification shall
pose no serious threat to life or health.
A.
Application for permit.
(1)
No person, firm or corporation shall commence construction,
enlargement, alteration, removal, improvement, demolition, conversion
or installation therein of any building or structure or change in
use the occupancy of any building or structure without first obtaining
an appropriate permit from the Building Inspector, except that no
permit shall be required for the performance of repairs which are
not structural in nature and do not entail plumbing, electrical, heating
or ventilation systems or components.
(2)
Application for a permit shall be made by the owner
or lessee or the agent of either or by the architect, engineer or
builder employed in connection with the proposed work. When such application
is made by a person other than the owner, it shall be accompanied
by written authorization by the owner that the proposed work is authorized
by the owner and that the applicant is authorized to make such application
on his behalf.
(3)
Each application for a building permit shall be accompanied
by plans and specifications bearing the signature of the person responsible
for the 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.
(4)
In all cases where there is to be installation of
new plumbing or alteration of existing plumbing, a plumbing permit
must be obtained by a plumber licensed in the Town of Gates.
(5)
Amendments to the application or to the plans and
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.
B.
Issuance or denial of permit.
(1)
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.
(2)
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. Fees collected shall be as
specified on the building permit fee schedule, plumbing permit fee
schedule or other fee schedule as approved by Town Board resolution.
(3)
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 on said permit.
(4)
Any permit granted hereunder shall not be transferable,
and any change in the activity, size, extent or type of operation,
location, ownership or use shall require a new permit.
(5)
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 reason can be shown for failure to start or complete
the work or activity authorized within the required time period.
(6)
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 Fire Marshal to enter the premises at any
reasonable 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 revocation or suspension of said
permit. In addition, should the Building Inspector or Fire Marshal
deem it necessary, either may request permission from the Town Board
to make an application to any court of competent jurisdiction to obtain
a warrant authorizing an inspection of the premises in question.
(7)
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.
C.
Commencement and performance of work; posting of permits;
validity.
(1)
The issuance of a permit shall constitute authority
to the applicant to proceed with the work in accordance with all applicable
laws, codes, ordinances and regulations.
(2)
A building permit shall become void if work does not
commence within six months after the date of its issuance.
(3)
Building permits shall be posted on the job site at
all times while work is in progress.
(4)
Permits issued by the Fire Marshal shall be kept posted
in a conspicuous place on property or premises covered by the permit
for so 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.
D.
Revocation or suspension of permits. The Building
Inspector and Fire Marshal shall have the authority to revoke permits
issued by them as follows:
(1)
Where it is found that there have been false statements
or representation as to a material fact in the application, plans
or specifications of which the granting of the permit was based.
(2)
Where it is found that the permit as issued was in
conflict with the requirements of any applicable law, code, ordinance,
policy, procedure, rule or regulation and, accordingly, should not
have been issued.
(3)
Where the person to whom a permit has been issued
fails or refuses to comply with a stop-work order duly issued by the
Building Inspector.
(4)
In the event of a violation of this code, the Fire
Marshal may, in addition to the other penalties provided for herein,
suspend permits issued by him for a period of time of from one to
not more than five business days. In the event that said violation
cannot be corrected within the period of the suspension set by the
Fire Marshal, the Fire Marshal, in his discretion, may 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 closed immediately
until said violation is corrected.
E.
Stop-work orders.
(1)
Whenever the Building Inspector, Fire Marshal or any
duly authorized deputy or assistant has reasonable grounds to believe
that work on any building or structure is proceeding without a permit
or is otherwise in violation of the provisions of any applicable law,
code, ordinance 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
and 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.
(2)
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, Fire Marshal
or any duly authorized deputy or assistant and shall be prominently
posted at the work site.
F.
Permits shall be obtained from the Fire Marshal (in
addition to any other required approvals) for the following:
(1)
Cellulose nitrate plastics (pyroxylin):
(2)
Combustible fibers: To store, handle or use combustible
fibers in quantities in excess of 100 cubic feet, except agricultural
products on a farm.
(3)
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 2,500 cubic feet gross
volume, on any premises.
(5)
Flammable and combustible liquids:
(a)
To store, handle or use combustible liquids
in excess of 25 gallons inside a building or in excess of 60 gallons
outside of a building. This provision shall not apply to fuel oil
used in connection with oil-burning equipment.
(b)
For processing, blending or refining of flammable
or combustible liquids.
(c)
To install, alter or replace any underground
or aboveground tank, pump, piping and other equipment relating to
the storage of flammable and combustible liquids.
(6)
Hazardous chemicals:
(a)
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 of ammonium nitrate, ammonium
nitrate fertilizers and fertilizer mixtures containing 50% or more
of ammonium or any amount of toxic material or poisonous gas.
(b)
For processing, blending or refining of flammable
or combustible liquids.
(7)
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 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 have it available for inspection.
(8)
Places of assembly: To maintain or operate a commercial
place of public assembly.
(9)
Service stations; self-service stations; repair garages:
To operate service stations, self-service stations or repair garages.
(10)
Waste oil heaters: To operate, maintain or use a waste
oil heater in any service station, self-service station or repair
garage.
(11)
Automotive wrecking yards: To operate an automobile
wrecking yard.
(12)
Bowling establishments: For bowling pin refinishing
and bowling lane resurfacing operations involving the use and application
of flammable or combustible liquids or materials.
(13)
Cellulose nitrate motion-picture film: To store, keep
or have on hand more than 25 pounds of cellulose nitrate motion-picture
film.
(14)
Acetylene generators: To operate an acetylene generator
having a calcium carbide capacity exceeding five pounds.
(15)
Automobile tire rebuilding plants: To operate an automobile
tire rebuilding plant.
(16)
Cryogenics: To store, handle or use cryogenic fluids,
except cryogenics used as a motor fuel and stored in motor vehicle
tanks, as follows:
(17)
Dry-cleaning plants: To use in excess of four gallons
of solvents or cleaning agents classified as flammable or combustible.
(18)
Dust-producing plants: To operate any grain elevator,
flour, starch or feed mill, woodworking plant or plant pulverizing
aluminum, coal, cocoa, plastics, magnesium, spices, sugar, sulfur
or other materials producing explosive-potential dust.
(20)
Flammable finishing: For spraying, coating or dipping
operations utilizing flammable or combustible liquids.
(21)
Fruit-ripening process: To conduct a fruit-ripening
process using ethylene gas.
(22)
Fumigation and thermal insecticidal fogging: To conduct
fumigation or thermal insecticidal fogging operations.
(23)
Junkyards: To operate a junkyard.
(24)
Lumberyards: To operate a lumberyard.
(25)
Magnesium: For melting, casting, heat treating, machining
or grinding of more than 10 pounds of magnesium per working day.
(27)
Organic coatings: To perform organic coating operations
utilizing more than one gallon of organic coating on any working day.
(28)
Ovens and furnaces: To operate industrial processing
ovens and furnaces operating at approximately atmospheric pressures
and temperatures not exceeding 81,400º F. which are heated with
oil or gas fuel or which during operation contain flammable vapors
from the material in the oven or catalytic combustion system.
(29)
Solid fuel appliances: To install any solid-fuel-burning
heating appliance, chimney or flue.
G.
Permit fees.
[Amended 9-7-1999 by L.L. No. 2-1999]
(1)
Whenever the code provides or requires the issuance
of a permit, application therefor shall be made to the Fire Marshal
of the Town of Gates. Upon the filing of the application, a fee in
the amount per the fee schedule as set from time to time by resolution
of the Town Board shall be paid to the Town Clerk of the Town of Gates.
(2)
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. Exception:
Solid fuel devices shall not require an annual renewal and shall be
valid for not more than 90 days from the date of issuance.
A.
No newly constructed building or addition shall be
used or occupied in whole or part until a certificate of occupancy
has been duly issued by the Building Inspector.
B.
The owner or his agent must submit to the Building
Inspector a tape location map or instrument survey map, as required
by the Building Inspector, showing the true location of the new building
or additions in reference to all the property lines and existing structures.
A.
A schedule of inspections normally required shall,
upon request, be made available to all applicants for permits.
B.
It shall be the responsibility of the owner or his
agent to notify the Building Inspector when work is ready for each
required inspection. Specific requirements as to the advance time
for inspection requests and the acceptable means of notification shall
be by discretion of the Building Inspector or in accordance with his
established policy, procedures, rules and regulations.
C.
Failure to request a required inspection shall be
cause for rejection of the work or an order to expose the work for
inspection.
D.
The Building Inspector and Fire Marshal may at all
reasonable hours enter any building or premises within the Town of
Gates for the purpose of making any inspection or investigation to
ensure compliance with the provisions of this chapter and the Uniform
Code.
A.
It shall be unlawful for any person, firm or corporation
to construct, alter, repair, move, remove, demolish, equip, use, occupy
or maintain any building or structure or portion thereof in violation
of any of the provisions of this chapter or to fail in any manner
to comply with any notice, directive or order of the Building Inspector
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, plumbing permit or certificate of occupancy.
B.
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.
C.
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 order and/or an 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.
D.
Violation orders 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 order.
E.
Violation orders and other orders or notices referred
to in this chapter shall be served on the owner or some 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 United
States mail, addressed to the last known address, if any, of the owner
or some one of the owner's executors, legal representatives, agents,
lessees or any 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 or County Register.
F.
Appearance tickets. The Building Inspector, Fire Marshal
and duly authorized deputy or assistant 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 a designated
local criminal court at a designated future time in connection with
the alleged commission of a designated violation of this chapter or
any order made thereunder.
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 fire-fighting
purposes.
A.
Whenever 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 fire-fighting 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.
B.
In addition to the foregoing penalties, any vehicle
or other obstruction found standing, parked or left in a fire lane,
or found standing, parked or left within 15 feet of a fire hydrant,
will be ticketed for a fire lane violation or fire hydrant parking
violation, as necessary, or may be removed, towed away and/or stored
by or at the discretion of any peace or law enforcement officer, Fire
Marshal or Deputy Fire Marshal. Any such removal, towing and storage,
as herein provided, may be performed by a private towing contractor,
and any and all expenses related thereto shall be at the full responsibility
of the owner or person entitled to possession of said vehicle or obstructing
article.
A.
Whenever it is found that a building or structure
or part thereof may be an imminent danger to life and safety of the
public, the Building Inspector or Fire Marshal may require the occupants
of any such building or structure or any part thereof to vacate the
premises forthwith. No person shall use or occupy such building or
structure or part thereof until it is made safe. Except for the owner,
no person shall enter premises which have been ordered vacated unless
authorized to perform inspections, repairs or to demolish and remove
such building or structure or part thereof.
B.
In addition to the above-mentioned provision, the
Fire Marshal shall report to the Building Inspector the location of
any building or structure investigated by the Fire Marshal which has
been damaged by fire or explosion for any action deemed appropriate
by the Building Inspector.
[Amended 9-7-1999 by L.L. No. 2-1999]
Whereas the New York State Uniform Fire Prevention
and Building Code makes reference to various subjects dealing with
fire protection and for fire prevention practices and provides only
general procedures for administering said code, it is hereby deemed
necessary and appropriate to set forth additional administrative and
enforcement procedures for the Town of Gates to enable the Fire Marshal
or Building Inspector to effectively enforce the provisions of this
chapter. The specific areas of fire protection and/or fire prevention
which are the subject of these additional administrative provisions
are set forth herein, and each subject is referenced to the applicable
section of the Uniform Code, where such subject is addressed.
A.
Fire Department and emergency service access (Reference:
Uniform Code, Part 1161):
(1)
All premises and buildings in the Town of Gates which
a fire department may be called upon to protect in case of fire shall
be provided with suitable access roads and fire lanes so that all
buildings on the premises are accessible. Where new construction or
additions to existing structures is proposed, the Fire Marshal shall
recommend to the Planning Board, or other agency or board responsible
for the approval of such new construction or addition, the location
of access roads and fire lanes. During construction and until such
time as permanent roads and/or fire lanes are in place, suitable access
roads shall be constructed and maintained so as to provide access
for fire-fighting equipment, emergency vehicles and others who may
be required to enter upon the premises for the purpose of making required
inspections or for other purposes.
(2)
Fire lanes for shopping centers, office buildings,
places of assembly and other commercial buildings shall be a minimum
of 30 feet in width and 25 feet in width in multiple residence districts.
The Fire Marshal, with the approval of the Town Board, shall be authorized
to modify the width requirements of fire lanes where such widths may
be in conflict with other requirements of law.
(3)
Fire lanes shall be clearly designated by suitable
pavement markings and/or signs to be provided by the owners or occupants
of the premises. Failure to replace or repair damaged, rusted or faded
signs or pavement markings within 30 days after written notice shall
have been served upon the owner or occupant shall constitute a violation
of this chapter.
(4)
The signs required to be posted by this chapter shall
conform to the size and color requirements for parking signs as set
forth in the Manual of Uniform Traffic Control Devices of the New
York State Department of Transportation. In addition, said signs shall
also:
(5)
The pavement markings required by this chapter shall
be:
(a)
No more than 50 feet apart.
(b)
Painted so as to read in the direction of travel;
or, if two-way traffic is maintained, every other marking shall be
painted in the opposite direction.
(c)
Painted in yellow or white, 24 inches minimum
elongated height for each letter, 18 inches minimum width for each
letter (except the letter "I") and five inches stroke for each letter.
B.
Means of egress (Reference: Uniform Code, Part 1162):
Whenever any special security methods or security devices deemed necessary
by the owner or person generally in charge of the premises affect
the means of egress, such security methods or security devices shall
not be used or installed without first obtaining the written consent
of the Fire Marshal.
C.
Fire protection equipment; water supply [Reference:
Uniform Code § 1163.13(a)]:
(1)
Fire Department connections for standpipe and sprinkler
systems shall be maintained accessible to emergency use at all times.
No large shrubbery, fences or other obstructions of any type shall
be placed within 10 feet of these connections.
(2)
Fire hydrants in residential districts shall not exceed
a maximum of 500 feet apart. In higher-density areas, such as apartments
and commercial or industrial districts, hydrants shall not exceed
a maximum of 300 feet apart and shall be so located that all buildings
can be reached by comparatively short hose lays from more than one
hydrant. The location and size of water mains and hydrants shall be
subject to the approval of the Fire Marshal and/or Town Engineer.
(3)
Fire hydrants.
(a)
The location of public or private hydrants shall
not exceed the maximum distances herein established. Hydrants located
in subdivisions and other residential areas shall be located at intersections
whenever possible.
(b)
In areas where new construction is being undertaken
and public or private water mains and hydrants do not exist, water
mains and hydrants shall be installed and be in proper operating condition
prior to the commencement of any aboveground construction. Upon written
application to the Town Board and considering the recommendations
of the Fire Marshal, the Town Board may grant temporary exceptions
to this requirement on such terms and conditions as the Board may
deem proper.
(c)
No person shall cause any obstruction to be
placed within 15 feet of any public or private fire hydrant. No person,
except those officially authorized to do so, shall intentionally cause
snow to be placed around any public or private hydrant so as to unreasonably
interfere with its use.
D.
Fire alarm systems [Reference: Uniform Code § 1163.13(c)]:
E.
Places of assembly (Reference: Uniform Code § 1164.2):
(1)
It shall be unlawful for the owner, manager or other
person generally in charge of the premises to knowingly permit occupancy
of the premises to exceed the occupancy limits established by the
Town of Gates or the Fire Marshal. Failure to so prevent overcrowding
shall constitute a violation of this chapter.
(2)
No person shall refuse to vacate any premises in which
the occupancy limits have been exceeded when directed to do so by
the management of the premises or any official authorized by the Town
of Gates or the Fire Marshal to enforce the provisions of this chapter.
Failure to so vacate the premises shall constitute a violation of
this chapter.
F.
Self-service stations and garages (Reference: Uniform
Code § 1164.3):
(1)
Storage and handling of motor vehicle fuel.
(a)
Underground storage tanks containing gasoline,
oil or other liquids that generate flammable vapors at normal temperatures
shall be limited to a maximum of 12,000 gallons per tank. The maximum
aggregate capacity of all tanks at any one site shall not exceed 30,000
gallons' total capacity. The Fire Marshal may increase the maximum
aggregate capacity requirements established in this subsection if
he finds that the public safety of the particular area involved will
not be jeopardized by such modification, and he may require such further
conditions as he may deem necessary in the interests of public safety
in the granting of said modification.
(b)
The Fire Marshal or his duly authorized representative
may order the owner or occupants of premises having liquid storage
tanks to have such tanks or associated piping tested by methods prescribed
by the Fire Marshal when the Fire Marshal has a reasonable cause to
believe that such tanks or piping may contain a leak.
(c)
Leaking tanks containing any flammable or combustible
liquid or any pump or piping used in connection therewith which may
be defective or in need of repair shall be repaired or replaced immediately,
and it shall be within the sole discretion of the Fire Marshal as
to whether the station or facility must cease any or all operations
while such repairs or replacements are being done.
(d)
No installation, alteration or replacement of
underground or aboveground tanks, pumps, piping and other equipment
relating to the storage of flammable liquids shall be permitted without
prior notification to the Fire Marshal, nor shall any pressure test
or other test for leaks be conducted without giving at least twenty-four-hour
prior notification to the Fire Marshal.
(e)
No more than one gasoline tank truck shall be
permitted to deliver flammable liquids on the premises of a gasoline
service facility at any one time. Before making any deliveries to
underground tanks, the driver or other authorized person shall set
the brakes of the truck and shall turn off the engine of the vehicle.
Evertite or O.P.W. fill couplings, or equivalent, must be used when
unloading flammable liquids from tank truck to storage tank. The driver
shall remain at the point of delivery to prevent spillage and overflow.
In case of spillage or overflow, the Fire Department shall be notified
immediately.
(f)
All accidental spillage or leakage of a flammable
liquid in quantities of five U.S. gallons or greater, whether or not
it may enter sewers, shall be immediately reported to the Fire Department.
(g)
A sufficient quantity of Stay Dry Absorbent
or equivalent must be kept on the premises at all times for flammable
liquid spills and should be used for this purpose whenever possible
instead of flushing with water.
(h)
The telephone number of the owner, lessee or
station operator shall be posted on the door in a conspicuous location
so that proper notification can be made in the event of an emergency.
(2)
Self-service stations. "Self-service station" shall
mean that portion of the property where Class I liquids used as motor
vehicle fuels are stored and subsequently dispensed from fixed, approved
dispensing equipment into the fuel tanks of motor vehicles by persons
other than the service station attendant and may include facilities
available for sale of other retail products. Self-service stations,
in addition to the requirements set forth herein for the storage and
handling of motor vehicle fuel, shall also be subject to the following:
(a)
At the time of the application for a permit,
the application shall submit a full site plan or instrument survey
of the property showing all tank locations, island setbacks and such
other and further information that may be necessary to determine compliance
with the provisions of this chapter.
(b)
Self-service pumps and nozzles shall be confined
to service islands with no more than three self-service dispensing
units per island, each of which dispensing units shall utilize no
more than two hoses and nozzles per unit. Approved dispensing devices,
such as but not limited to card-operated and remote preset types,
shall be permitted, provided that the dispensing of Class I liquids
is under the direct supervision of a qualified attendant. Self-service
gasoline station attendants shall be at least 18 years of age, properly
trained and physically fit to act in an emergency. Trainees enrolled
in a school training program who are at least 16 years of age need
not meet the basic age requirement.
(c)
Necessary equipment.
[1]
All self-service gasoline dispensing units shall
be equipped with the following:
[a]
A control device which will permit
the pump to operate only when the dispensing nozzle is removed from
its bracket on the dispensing unit and the switch for this dispensing
unit is manually activated. Said control device shall also stop the
pump when the nozzle has been returned to its bracket.
[b]
A means of being kept locked or
otherwise inoperable when the station is not open for business.
[2]
The area where said Class I liquids are actually
dispensed shall be equipped with all of the following:
[a]
A traffic mirror, of sufficient
size, located on each end of each pump island to give the attendant
a clear and unobstructed view of each island, said mirrors to be installed
in locations acceptable to the Fire Marshal.
[b]
A two-way communications system
of the public address type to facilitate direct and individual communication
between the control room area and each pump island at all times that
Class I liquids are being dispensed.
[c]
An automatic fire-extinguishing
system installed in conformity with RS 58-4 of the Uniform Code and
approved by the Fire Marshal. Said system shall also be designed so
as to be able to be activated from a location remote from the pump
island area, preferably in the control room area if said station is
so equipped, and to automatically terminate the electrical power to
all service islands in the event of the systems operation. Where a
service station has one self-service island within 30 feet of a full-service
island, both self-service and full-service islands shall be so equipped
with the automatic fire-extinguishing system as provided for herein.
[d]
Signs conspicuously posted setting
forth the operating instructions of the dispensing units.
[e]
A clearly visible numeral or letter
at least six inches in height shall be conspicuously posted on each
island with a smaller corresponding numeral or letter posted as near
as possible to the automatic fire-extinguishing system controls.
[f]
Pipe, post bumpers or equivalent
(four inches minimum diameter) to protect each self-service island
against physical damage, to be in a location acceptable to the Fire
Marshal.
G.
Bulk plants and terminals (Reference: Uniform Code
§ 1164.4):
(1)
An automatic fire-extinguishing system, installed
in conformity with RS 58-4 and RS 47-1 of the Uniform Code and approved
by the Fire Marshal, shall be installed at all bulk plants and terminals
truck loading racks dispensing flammable and combustible liquids.
H.
Aboveground storage tanks shall be allowed subject
to the following conditions:
(1)
Except as modified by the provisions of this subsection,
aboveground storage tanks and their piping systems shall comply with
the applicable provisions of RS 47-1 and RS 47-2 of the Uniform Code.
(2)
Tanks are listed in accordance with UL design standard
142 and 2085 as an insulated aboveground tank for flammable and combustible
liquids. Tanks designed and built for underground use shall not be
installed for aboveground storage.
(3)
Tanks shall be fully enclosed on top, bottom and all
sides by a seamless, monolithically poured, reinforced concrete or
similar material, which is impermeable to the product to be stored
in such aboveground tank. The thickness of said concrete or other
similar material shall be designed to withstand the anticipated loading,
shall be liquid-tight and shall have no openings except for those
necessary for access to, inspection of and filling, emptying and venting
of such aboveground storage tank. The enclosure shall be tested in
accordance with UL standard 2085 or other generally accepted standard
which is nationally recognized so as to provide a fire-resistance
rating of at least two hours. Heatsinks shall not be permitted.
(4)
Aboveground tanks storing flammable or combustible
liquids at an individual site shall be limited to a maximum individual
capacity of 1,000 gallons and an aggregate capacity of 2,000 gallons.
(5)
The aboveground storage tank shall have provided as
an integral part of said storage tank a UL listed overfill system
with internal reservoir and a normally closed UL listed drain port
where required.
(6)
The aboveground storage tank shall be provided with
permanent weather-resistant signage as deemed necessary by the Fire
Marshal. Such signage shall include but not be limited to an identification
of its contents, warning: "It is unlawful and dangerous to dispense
gasoline into unapproved containers. No smoking and stop motor."
(7)
The location of aboveground storage tanks shall be
limited to agricultural, commercial, industrial, governmental or manufacturing
occupancies and shall be used solely in connection with the operation
of such occupancies.
(8)
The location of aboveground storage tanks shall also be in compliance with all generally accepted standards and Chapter 190, Zoning. Prior to the installation or use of said aboveground storage tank, a permit shall be obtained from the office of the Gates Fire Marshal.
(9)
The handling, storage and dispensing of products stored
in aboveground tanks shall be in compliance with all rules and regulations
of the Town of Gates, the Uniform Code and all nationally recognized
standards dealing with the handling, storage or dispensing of flammable
liquids.
(10)
The area where any flammable liquids are dispensed
shall be protected by an automatic fire-extinguishing system complying
with the provisions of § 774.10 of the Uniform Code and
NFPA 17, Dry Chemical Fire Extinguishing Systems.
(11)
These regulations shall not apply to the aboveground
storage of fuel oil in approved tanks not exceeding 660 gallons' capacity
used solely in conjunction with oil-burning equipment installed in
residential or commercial occupancies.
This chapter shall not be construed to hold
any code enforcement officer of the Town of Gates or the Town of Gates
responsible for any damages to persons or property by reason of the
inspection or reinspection authorized herein or failure to inspect
or reinspect for any permits required under this chapter, nor shall
it be liable for any damage to persons or property by reason of the
Building Inspector's or Fire Marshal's exercising his discretion as
provided in this chapter.
A.
If any part or provision of this chapter or the application
thereof to any persons or circumstances shall be judged invalid, such
judgment shall be confined to the part or application adjudged to
be invalid; such decision shall not affect the validity of this chapter
as a whole or any part thereof, other than the part so decided to
be invalid.
B.
If a court of competent jurisdiction finds the application
of any provision of this code to any building, other structure or
tract of land to be invalid in whole or part, the effect of such decision
shall be limited to the person, property or situation involved, and
the application of any such provisions to any other person, property
or situation shall not be affected.
[Amended 9-7-1999 by L.L. No. 2-1999; 6-5-2023 by L.L. No. 2-2023]
A.
Any person who shall willfully fail to comply with a written order
of the Building Inspector, Fire Marshal or any duly authorized assistant
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,
Fire Marshal or any duly authorized assistant made thereunder or in
addition to any other penalties provided for in this chapter shall
upon conviction be guilty of an offense, punishable by a fine of not
less than $1,000 nor more than $5,000 upon a conviction of a first
offense; upon conviction of a second offense, committed within five
years of the first offense, a fine of not less than $2,000 nor more
than $10,000; and upon conviction of a third or subsequent offense,
committed within five years of the first offense; a fine of not less
than $4,000 nor more than $15,000. Each day, or part thereof, such
violation continues, following notification by the Town or service
of a summons, appearance ticket or notice of violation returnable
before the Town Court, shall constitute a separate offense, punishable
in like manner.
B.
An action or proceeding in the name of the Town of Gates, 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, a rule or regulation adopted pursuant
to this chapter or a violation order, or 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.
In the event that the provisions of this chapter
shall be in conflict with any other law, rule or regulation, the more
stringent provision shall govern.
Unless a shorter time period is provided for
under the Uniform Code, premises within the Town of Gates which are
not in compliance with the requirements of this chapter shall be put
in compliance therewith by no later than July 1, 1985, unless such
date of July 1, 1985, is extended for cause by the Fire Marshal or
Building Inspector as may be appropriate.
