[HISTORY: Adopted by the Town Board of the Town of Gates 3-3-1997 by L.L. No. 2-1997. Amendments noted where applicable.]
GENERAL REFERENCES
Appearance tickets — See Ch. 4.
Electrical code — See Ch. 87.
Fire sprinkler systems — See Ch. 97.
Zoning - See Ch. 190.
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):
(a) 
To store, keep or have on hand more than 25 pounds of cellulose nitrate plastics (pyroxylin).
(b) 
To manufacture articles of cellulose nitrate plastics (pyroxylin) which shall include the use of cellulose nitrate plastics (pyroxylin) in the manufacture or assembling of other articles.
(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.
(4) 
Compressed gases:
(a) 
To store, handle or use at normal temperatures at pressures more than:
[1] 
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 natural or hydrogen gas.
(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:
(a) 
Production, sale or storage of cryogenic fluids.
(b) 
Storage or use of flammable cryogenic fluids, cryogenic oxidizers or liquefied oxygen in excess of 10 gallons.
(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.
(19) 
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.
(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.
(26) 
Matches:
(a) 
To manufacture matches.
(b) 
To store matches in excess of 25 cases. (NOTE: One case equals one matchman's gross of 14,400 matches.)
(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.
E. 
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, as provided in § 70-6B(6).
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:
(a) 
Have arrows pointing in the direction of the area designated as a fire lane.
(b) 
Be posted not more than 50 feet apart.
(c) 
Be neither of a portable or movable type, except where otherwise directed by the Fire Marshal.
(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)]:
(1) 
All fire alarm systems required by any applicable code shall be approved by the Fire Marshal prior to the time of their installation.
(2) 
Whenever a general fire alarm system is activated, the premises shall be evacuated unless other provisions have been approved by the Fire Marshal.
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.
(2) 
Aboveground or underground storage of flammable, combustible or hazardous liquids shall be subject to the appropriate provisions set forth in § 70-12F(1) of this chapter, which affect the testing, inspection, installation, replacement or use of said tanks and their associated piping.
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.