Town of Poughkeepsie, NY
Dutchess County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Poughkeepsie 2-15-1989 by L.L. No. 3-1989 (Part I, Subpart 12, of the 1964 Code); amended in its entirety 3-27-1996 by L.L. No. 4-1996. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 68.
Unsafe buildings — See Ch. 71.
Electrical inspections — See Ch. 91.
Explosives — See Ch. 100.
Fees — See Ch. 105.

§ 110-1 Definitions and word usage.

A. 
For the purposes of administration and enforcement, unless otherwise stated, the following rules of construction shall apply to the text of this chapter:
(1) 
In case of any difference of meaning or implication between the text of this chapter and any caption, illustration, summary table or illustrative table, the text shall control.
(2) 
The word "shall" is always mandatory and not discretionary; the word "may" is permissive.
(3) 
Words used in the present tense shall include the future; and words used in the singular number shall include the plural, and the plural the singular, unless the context clearly indicates the contrary.
(4) 
The phrase "used for" includes "arranged for," "designed for," "maintained for" or "occupied for."
(5) 
Unless the context clearly indicates the contrary, where a regulation involves two or more items, conditions, provisions or events connected by the conjunction "and," "or" or "either...or," the conjunction shall be interpreted as follows:
(a) 
"And" indicates that all the connected items, conditions, provisions or events shall apply.
(b) 
Or" indicates that the connected items, conditions, provisions or events may apply singly or in any combination.
(c) 
"Either...or" indicates that the connected items, conditions, provisions or events shall apply singly but not in combination.
(6) 
The word "includes" shall not limit a term to the specific example but is intended to extend its meaning to all other instances or circumstances of like kind or character.
B. 
As used in this chapter, the following terms shall have the meanings indicated:
BUILDING PERMIT
A building or foundation permit.
PERSON
Includes an individual, a corporation, a partnership, an unincorporated association or any other legal entity.
RUBBISH
Any ordinary industrial, store or household trash such as metal chips or shavings, tires or tubes, barrels, cartons, boxes, crates, furniture, rugs, clothing, rags, mattresses, blankets, small tree trimmings, leaves, grass clippings, weeds, small stumps and similar garden waste, large dead animals or vegetable matter originally intended for animal consumption, planing mill waste, shavings, sawdust and such other materials or objects which may be discarded by a person.
[Added 10-21-2009 by L.L. No. 37-2009]
s.f. or SQUARE FEET
Gross square feet, the sum of enclosed areas on all floors of a building or buildings measured from the outside faces of the exterior walls, including halls, lobbies, arcades, stairways, elevator shafts, enclosed porches and balconies and any below-grade floor areas used for access and storage. Not countable as floor area are open terraces, patios, atriums, balconies, breezeways or parking garages.

§ 110-2 Bureau established; membership; meetings.

[Amended 7-12-2006 by L.L. No. 17-2006]
A Bureau of Fire Prevention in and for the Town of Poughkeepsie, Dutchess County, New York, outside incorporated villages, is hereby established.
A. 
Membership; certification.
(1) 
The Bureau of Fire Prevention shall consist of the Town of Poughkeepsie Fire Inspector and Deputy Fire Inspector, if any, the Town Building Inspector or his designee, along with one representative from the Arlington Fire District, the Fairview Fire District and the New Hamburg Fire District as designated by each district, all of whom shall be permanent members of the Committee and shall be voting members. Said individuals listed in this paragraph shall sit in on any and all deliberations of this board.
[Amended 3-14-2007]
(2) 
In addition to the permanent members of the Committee, there shall be three members from the community who shall serve on a voluntary basis and be residents of the Town of Poughkeepsie.
(3) 
In addition, there shall be one member of the Town Board appointed by the Town Board who shall be a member of said Committee for his term on the Town Board.
(4) 
The three members of the community at large shall be appointed by the Town Board for three years to be computed from the term of office which is from January 1 to December 31; however, the initial appointment shall be for one, two and three years respectively, and thereafter the vacancy shall be filled by the three-year appointments.
(5) 
The Town shall not be responsible for payment of salary or benefits to any Assistant Fire Inspector. Such Assistant Fire Inspectors or their designee shall be, at the time of their appointment, New York State certified in fire codes and enforcement as required by 19 NYCRR 435.5 or any amendment thereto or shall be enrolled in a New York State certification program or, according to the discretion of the appointing party, shall be granted a reasonable time to become enrolled in such certification program. The Fire Inspector and Deputy Fire Inspector for the Town of Poughkeepsie and the three appointed representatives will be certified code enforcement officers as required by 19 NYCRR 435.5(a) or any amendment thereto.
(6) 
The Bureau of Fire Prevention shall elect its own Chairman who shall serve for a period of two years; provided, however, that the Town Board members sitting on this Bureau shall not be eligible for said Chairmanship, and no nonvoting members shall be chairman.
B. 
In the absence of the Fire Inspector of the Town of Poughkeepsie, a Deputy Fire Inspector, who is an employee of the Town of Poughkeepsie, designated by the Town Board, shall be the Acting Fire Inspector.
C. 
All Assistant Fire Inspectors shall hold office at the pleasure of the Town Board and may be removed at the request of the Board of Fire Commissioners of their respective district, but only after a hearing upon five days' written personal notice. Inspectors shall hold office at the pleasure of their appointing officers.
D. 
Meetings of the Bureau of Fire Prevention shall be held at the call of the Fire Inspector, who shall call such a meeting whenever, in his or her opinion, it is necessary or upon the request of two members of the Bureau. Three members shall constitute a quorum for the transaction of business, but a fewer number may adjourn a meeting to a subsequent date.

§ 110-3 Duties and powers of Bureau of Fire Prevention.

A. 
It shall be the duty of the Fire Inspector and Deputy Fire Inspector to cause the enforcement of all laws and ordinances covering the following:
(1) 
The prevention of fires.
(2) 
The storage and use of explosives and flammables.
(3) 
The installation and maintenance of automatic and other private fire alarm systems and fire-extinguishing equipment.
(4) 
The maintenance and regulation of fire escapes.
(5) 
The means and adequacy of exits, in case of fire, from factories, schools, hotels, lodging houses, asylums, hospitals, churches, halls, theaters and all other places in which numbers of persons are employed, live or congregate from time to time for any purpose.
(6) 
The investigation of the cause, origin and circumstances of fires, when called upon by the Chief of the Fire Department where the emergency occurred.
(7) 
The conducting of fire prevention campaigns.
B. 
The Bureau of Fire Prevention shall have the power to modify any provisions of the fire prevention code upon application, in writing, by the owner or lessee or his or her duly authorized agent when there are practical difficulties in the way of carrying out the strict letter of the code, provided that the spirit of the code shall be observed, public safety secured and substantial justice done. The particulars of such modification, when granted or allowed, and the decision of the Bureau of Fire Prevention thereon shall be entered upon the records of the Department, and a signed copy shall be entered upon the records of the Department, and a signed copy shall be furnished to the applicant. Said Bureau of Fire Prevention shall have jurisdiction only over those requirements which are more stringent than the State Uniform Code. In no event or any waiver or modification be approved which does not conform to the minimum standard of said Uniform Code.
C. 
The Fire Inspector and the Deputy Fire Inspector shall have such other powers and perform such other duties as are set forth in other sections of this chapter and as may be conferred from time to time by law.
D. 
The grounds for an application of a variance or a waiver from the provisions of this chapter which are not addressed by the New York State Uniform Code shall include but not be limited to the following:
(1) 
Undue economic hardship or burden, the proof of which shall be the burden of the applicant.
(2) 
Restriction from the achievement of a valid state or federal policy.
(3) 
Physical or legal impossibility.
(4) 
Impediment to the intended objective of the regulation.
(5) 
Unnecessary, in light of viable alternatives which meet the intended objective of the more stringent ordinance and the provisions thereof.
(6) 
Unavailability of an adequate water supply.
(7) 
Variances shall not be unreasonably withheld.
E. 
Time to appeal. Appeals must be served not more than 90 days from the date of the municipality's determination involving the applicant's requirement to comply with the provisions of this chapter. Said ninety-day period shall commence with service of notification of violation of the order or adverse decision from the Board of Review, which shall be served by regular mail at the applicant's last known address.
F. 
The Bureau of Fire Prevention, as herein constituted, acting upon a majority vote, must render its decision in writing within 30 days from the conclusion of the hearing, and it shall be the applicant's burden to establish its entitlement to a waiver of the provision being appealed.

§ 110-4 Right of entry.

The Fire Inspector or Deputy Fire Inspectors of the Town of Poughkeepsie or any Town Inspector may, at all reasonable hours or at any time he or she or they may have reason to believe that a fire hazard may exist, enter any building or premises within his or her jurisdiction, except the interior of a private dwelling, for the purpose of making any inspection or investigation which, under the provisions of this chapter, he, she or they may deem necessary.

§ 110-5 Inspection of hazardous premises and appliances.

The Fire Inspector or Deputy Fire Inspectors of the Town of Poughkeepsie or any Town Inspector specially designated thereto shall inspect, as often as the Fire Inspector or Assistant Fire Inspectors may consider necessary, all hazardous manufacturing processes, storage or installation of gases, chemicals, oils, explosives and flammable materials, all interior fire alarms and automatic sprinkler systems and such other hazards or appliances as the Fire Inspector shall designate and shall make such orders as may be necessary for the enforcement of the laws and ordinances governing the same and for the safeguarding of life and property from fire.

§ 110-6 Designation of fire zones and lanes; penalties for offenses; hydrants.

A. 
The Bureau of Fire Prevention, in consultation with the Town of Poughkeepsie Police Department, shall recommend to the Town Board, Town of Poughkeepsie, any areas to be designated fire zones and/or fire lanes at, on or near any interior street, roadway, driveway or parking area in which any obstruction due to the parking or placing therein of any automobile, truck, motor vehicle or any other physical object or material will cause interference with the ingress and egress of fire-fighting equipment or which will create a condition dangerous to life or property in the event of fire or similar emergency. Said Town Board shall thereafter by resolution cause such areas to be marked with standard signs and/or such other markings and signs which conform to accepted sign standards as set forth in the New York State Manual of Uniform Traffic Control Devices and which are deemed necessary and proper. However, no such area shall be designated which will eliminate any parking units lawfully existing prior to the passage of this chapter, the elimination of which would create a nonconformity as to the number of required parking units at a location. Said signs and markings shall be installed by and at the expense of the owner of the property within 90 calendar days after receipt of official notice by the Fire Prevention Bureau designating and depicting areas and locations of such signs and markings. In the event that any owner refuses or fails to install any and all required signs and markings within 90 calendar days of receiving said official notice, the Highway Department of the Town of Poughkeepsie shall promptly perform the required work, and the Town Board may provide for the assessment of all costs and expenses so incurred by the Town, in connection with any action taken as above, to become a lien against the land on which such signs and markings are located.
B. 
Penalties for offenses regarding fire zones and lanes. Any person or persons, firm, partnership or corporation violating the provisions of this section, § 110-7 or § 110-8 of this chapter shall be guilty of a violation and, upon conviction thereof, shall be subject to a fine of not more than $500 or imprisonment of up to 15 days, or both, for each offense. For each day in which a violation of this section, § 110-7 or § 110-8 of this chapter remains, it shall be considered a separate offense.
[Amended 7-12-2006 by L.L. No. 17-2006]
C. 
Hydrants and standpipes. Notwithstanding and not in limitation of any other provision hereof, no automobile, truck or other motor vehicle and no physical object or material of any nature shall be parked, placed or permitted to remain within 15 feet in any direction from any fire hydrant located at, on or near any interior street, roadway or driveway within any residential, commercial or industrial premises. A minimum clearance of six feet in any direction from fire standpipe and sprinkler siamese connections shall be maintained at all times to allow the Fire Department adequate access to the same.
D. 
Hydrants. Any property owner, other than the resident, who has a fire hydrant on his or her private property shall ensure that said hydrant is operable and shall ensure that the water to and from, including water to the next adjacent property owner, flows free and unrestricted and shall be responsible for the repair and maintenance of said system. All newly constructed fire hydrants shall be no more than 500 feet apart and so located that buildings to be protected can be reached by an effective stream of water with hose not exceeding 500 feet in length. A report of compliance shall be filed with the Fire Inspector of the Town of Poughkeepsie on or before May 1 of each year. This section does not apply to fire hydrants located on Town easements or Town rights-of-way.
E. 
Enforcement of fire zones and lanes. The parking or placing of any motor vehicle or any other object or material within any area designated as a restricted fire zone or lane so as to obstruct access over, across or through such restricted fire area shall be a violation of this chapter. In addition to the penalties set forth in Subsection B, the Fire Inspector or the Police Department shall have authority to have any motor vehicle, object or material in violation of this chapter towed or otherwise removed at the owner's expense.

§ 110-7 Gas-fired cooking apparatus.

[Amended 7-12-2006 by L.L. No. 17-2006]
In any structure designated as a multiple dwelling, there shall be no electrical cooking apparatus per state code or charcoal-burning or liquid-propane-gas-fired portable cooking apparatus used or stored inside any structure or used or stored within 10 feet of any structure.

§ 110-8 Permits for use of fire lanes.

A. 
Where the owner or lessee of property located in the Town of Poughkeepsie can demonstrate good cause therefor, the Fire Inspector of the Bureau of Fire Prevention may issue a permit for the placing of specific objects or materials at a specific location in or upon a fire zone or fire lane adjacent to his or her property.
B. 
Such permit shall be issued only after application has been made to the Fire Inspector of the Fire Prevention Bureau on the forms provided by him or her and an application fee as provided in Chapter 105, Fees, has been paid. Copies of all permits shall be forwarded immediately to the Town of Poughkeepsie Police Department and the Fire Department having jurisdiction over the site.
C. 
No permit may be for longer than one week, except that upon written request of the permit holder, the Fire Inspector of the Fire Prevention Bureau may renew such permit for as many one-week periods as he or she shall deem necessary at no extra cost to the applicant.

§ 110-9 Authorization for issuance of summons; prior notice required.

A. 
The Fire Inspector, Deputy Fire Inspectors, Building Inspector, Deputy Building Inspectors or Plumbing Inspectors, provided that they are employees of the Town of Poughkeepsie, are authorized, in all instances in which such officials are empowered to enforce a law or ordinance of the Town of Poughkeepsie, to issue summonses returnable within 30 days in the Town Justice Court for any violation of any provision of the Code of the Town of Poughkeepsie under their respective jurisdictions. The term "summons," as used herein, shall include an "appearance ticket" within the meaning of § 150.10 of the Criminal Procedure Law of New York State.
[Amended 7-12-2006 by L.L. No. 17-2006]
B. 
The Fire Inspector, the Deputy Fire Inspectors, Building Inspector, Deputy Building Inspectors or Plumbing Inspector of the Town of Poughkeepsie shall, however, be required to give written notice of the existence of any violation of any law or ordinance of the Town of Poughkeepsie prior to issuing a summons, where such notice is required by said law or ordinance, except as provided in Subsection C below.
C. 
Notwithstanding the provisions of Subsection B above, when, in the opinion of the Fire Inspector, Building Inspector, Deputy Building Inspectors or Plumbing Inspector, a violation exists which creates an imminent threat to the life or health of any individual or property or where construction, renovation, repairs or other work is being performed without a license or permit and under the laws and ordinances of the Town of Poughkeepsie a license or permit is required prior to the commencement of such work, a summons may be issued immediately, notwithstanding any provision for prior written notice.
D. 
Alternatively, an action may be brought in the Supreme Court of the State of New York for injunctive or other relief.
E. 
Assistant Fire Inspectors may issue OR's as provided in Subsection B.

§ 110-10 Form of summons.

The form of the summons issued by the Fire Inspector, Deputy Fire Inspectors, Building Inspector, Deputy Building Inspectors or Plumbing Inspectors, provided that they are employees of the Town of Poughkeepsie, pursuant to this chapter shall be governed by the Criminal Procedure Law and the Uniform Justice Court Act of the State of New York and shall be subject to approval by the Town Board. The content of such summons and the method of prosecution thereunder shall at all times be subject to the Criminal Procedure Law and the Uniform Justice Court Act of the State of New York.

§ 110-11 Correction of conditions liable to cause fire.

A. 
It shall be the duty of the Fire Inspector and Deputy Fire Inspectors of the Town of Poughkeepsie to inspect or cause to be inspected by the Inspectors of the Bureau of Fire Prevention, as often as may be considered necessary, any building or premises, except the interiors of private dwellings, for the purpose of ascertaining and causing to be corrected any conditions liable to cause fire or any violations of the provisions or intent of any New York State law or any ordinance of the Town affecting the fire hazard.
B. 
Whenever any Inspector, as defined above, shall find in any building or upon any premises combustible or explosive matter or dangerous accumulations of rubbish or unnecessary accumulation of wastepaper, boxes, shavings or any highly flammable materials, and which is so situated as to endanger property, passageways, fire escapes, doors or windows, or liable to interfere with the operations of the Fire Department or egress of occupants in case of fire, he or she shall order the same to be removed or remedied.

§ 110-12 Dangerous building conditions.

The Fire Inspector of the Bureau of Fire Prevention, a Deputy Fire Inspector or an Inspector of the Town of Poughkeepsie, whenever he, she or they shall deem it necessary, shall inspect all buildings and premises within their jurisdiction. Whenever any of said officers shall find any building or other structure which, for want of repairs, lack of sufficient fire escapes, automatic or other fire-alarm apparatus or fire-extinguishing equipment or by reason of age or dilapidated condition or from any other cause, is a fire hazard and which is so situated as to endanger other property or the occupants thereof and whenever such officer shall find in any building combustible or explosive matter or flammable conditions dangerous to the safety of such buildings or the occupants thereof, he, she or they shall order such dangerous conditions or materials to be remedied or removed.

§ 110-13 Service of orders; appeal; bond.

A. 
The service of such orders as mentioned in §§ 110-9, 110-10, 110-11 and 110-12 may be made upon the occupant of the premises to whom it is directed, either by delivering a copy of the same to such occupant personally or by delivering the same to and leaving it with any person who is apparently in charge of the premises or, in case no person is found upon the premises, by affixing a copy thereof in a conspicuous place on the door to any entrance of said premises. Whenever it may be necessary to serve such an order upon the owner of the premises, such order may be served either by delivering to and leaving with said person a copy of said order or, if such owner is absent from the jurisdiction of the officer making the order, by mailing such copy to the owner's last known post office address. In the event that the owner of the property is not personally served with an order as herein described, then, in addition to the above-stated procedure, a copy shall be mailed to said owner, at his or her last known address, by certified mail, return receipt requested.
B. 
Any such order shall be complied with by the owner or occupant of such premises or building within the time fixed in said order. If such order is made by the Fire Inspector of the Bureau of Fire Prevention, Deputy Fire Inspector or any Building Inspector or designee, such owner or occupant may within 48 hours appeal from such order to the Bureau of Fire Prevention of the Town of Poughkeepsie by filing his or her appeal, with the reasons therefor, with the Fire Inspector. The Bureau of Fire Prevention shall, within five days after the filing of such appeal, review such order and file its decision thereon, and unless such order is revoked or modified, it shall remain in full force and be complied with within the time fixed in the order, which time shall be construed to run from the date of filing of the decision of the Bureau of Fire Prevention; provided, however, that any such owner or occupant may, within five days after the service of any such order or within five days after the filing of the decision of the Bureau of Fire Prevention on any appeal from such order, file his or her petition with a court of competent jurisdiction, praying for a review of such order.
C. 
Such parties so appealing to the court shall file with said court within two days a bond in an amount to be fixed by the court, to be approved by the court, conditioned to pay all costs of such appeal in case such appellant fails to sustain his or her appeal or the same is dismissed for any cause.

§ 110-14 Investigation of fires.

A. 
The Bureau of Fire Prevention may promptly cause an investigation of the cause, origin and circumstances of every fire occurring in its jurisdiction in which a person has been injured or by which property, to a value of not less than $1,000, has been destroyed or damaged or which involves an unusual substance causing a potential risk to the health, safety or welfare of the public. If it appears to the person making such an investigation that such fire is of suspicious origin, the Fire Inspector shall be immediately notified of the facts; he or she shall notify the proper authorities designated by law to pursue the investigation of such matters and shall further cooperate with the authorities in the collection of evidence and in the prosecution of the case. Every fire, as defined above, shall be reported in writing to the Bureau of Fire Prevention within two days after the occurrence of the same, by the officer in whose jurisdiction such a fire has occurred. Report shall be in such form as shall be prescribed by the Town of Poughkeepsie Fire Inspector and shall contain a statement of all facts relating to the cause, origin and circumstances of such fire and extent of the damage thereof and the insurance upon such property and such other information as may be required, on forms provided by the Bureau.
[Amended 7-12-2006 by L.L. No. 17-2006]

§ 110-15 Installation of oil-, natural-gas- and liquid-petroleum-gas burning equipment.

A. 
It shall be unlawful for any business, corporation or person, or the agents, servants or employees thereof, to engage in the installation of oil-, gas- and LP-gas burning equipment without first having obtained a permit from the Fire Inspector.
B. 
All applications for permits shall be made on forms and in such detail as the Fire Inspector shall prescribe and shall be accompanied by such plans and supplementary materials as are necessary, in the view of the Fire Inspector, to evaluate the application.
(1) 
No such permit shall be issued except to a person licensed to install such equipment, pursuant to § 110-16 of this chapter.
(2) 
Oil-, gas- and LP-gas burning equipment shall be installed in accordance with generally accepted standards and in accordance with the New York State Fire Prevention Code, Residential Code, Fuel and Gas Code, and Building and Mechanical Code.
[Amended 7-12-2006 by L.L. No. 17-2006]
C. 
Any permit issued under this section is subject to revocation or suspension for due cause, subject to appeal to the Fire Prevention Bureau.

§ 110-16 Licensing of oil and gas and liquefied petroleum gas heating equipment contractors.

A. 
It shall be unlawful for any individual or firm to install new or replacement oil, gas and/or LP gas heat-producing equipment in the Town of Poughkeepsie unless that individual or firm is licensed by the Fire Inspector to make such installations.
B. 
Applications for licenses to install gas, oil and/or LP gas heat-producing equipment shall be made on forms furnished by the Fire Inspector.
C. 
A contractor applying for a license for the installation of gas, oil or LP gas heat-producing equipment shall present satisfactory proof to the Fire Inspector that he or she is competent to make such installation and has been engaged in the installation of such equipment for a period of at least four years prior to the date of the application, or equivalent, and supply the Fire Inspector with a list of at least 10 previous installations and pass an examination designated by the Fire Inspector of the Town of Poughkeepsie.
[Amended 7-12-2006 by L.L. No. 17-2006; 11-5-2014 by L.L. No. 20-2014]
D. 
All licenses granted hereunder shall expire as of December 31 of each calendar year and may be renewed on an annual basis.
E. 
Any license granted under this section is revocable by the Fire Inspector for cause.
F. 
Licenses may be granted for installation of oil-burning apparatus only, gas-burning apparatus only, LP gas only, or any combination thereof.
G. 
Fees for licenses and for their annual renewal shall be in accordance with the fee schedule promulgated by the Fire and Building Inspectors with the approval of the Town Board of the Town of Poughkeepsie.
H. 
The above-cited prohibitions shall not apply to individual homeowners installing appliances such as stoves or hot-water heaters or boilers in their own home.
[Amended 7-12-2006 by L.L. No. 17-2006]
I. 
The obligation to obtain a permit prior to the installation of oil-, natural-gas- and liquid-petroleum-gas burning equipment shall be satisfied if the permit is obtained within 72 hours of the installation for any installation taking place on weekends, holidays, or nonbusiness hours of the issuing officer.

§ 110-16.1 Open fires.

[Added 10-21-2009 by L.L. No. 37-2009]
A. 
No person shall ignite or burn papers, rubbish, leaves, wood, wood products, petroleum, petroleum derivatives or distillate or any other combustible or flammable material in an open fire at any place within the Town of Poughkeepsie.
B. 
An "open fire" within the meaning of Subsection A shall mean and include any bonfire or fire of paper, rubbish, leaves, wood, wood products, petroleum, petroleum derivatives or distillate or any other combustible or inflammable material which is not contained in and confined by a basket, rack or wall of nonflammable material.
C. 
The burning of papers, leaves or other combustible or flammable material upon the surface of any highway, street or public way within the Town of Poughkeepsie is hereby forbidden.
D. 
Notwithstanding the provisions of Subsections A, B, and C, upon the issuance of a permit from the New York State Department of Environmental Conservation and a subsequent permit from the local fire district, restrictive burning will be allowed for ceremonial fires and bonfires sponsored by charitable institutions, not-for-profit corporations, religious organizations, political groups and social clubs, subject to the terms and conditions set forth on the above-cited permit. In addition thereto, restrictive burning will be allowed for land clearing wastes consisting of wood, trees, tree trimmings, leaves or brush generated by construction of a structure or construction of a recreational area or park, provided that such burning is done on site at an appropriate designated burning area, after a permit has been issued by the New York State Department of Environmental Conservation and a subsequent permit has been issued by the local fire district and a resolution consistent with the public health, safety and welfare has been adopted by the Town Board of the Town of Poughkeepsie authorizing said burning subject to the terms and conditions set forth on either permit and/or within the resolution of the Town Board.
E. 
Notwithstanding the provisions of Subsections A, B, C and D, the Town Board of the Town of Poughkeepsie, subsequent to the issuance of a permit by the New York State Department of Environmental Conservation and a subsequent permit issued by the local fire district, shall have the authority, under special circumstances consistent with the public health, safety and welfare, to authorize the burning of trees, tree trimmings, leaves, brush or Christmas trees which are accumulated as an act of God, storm damage or Christmas tree disposal, and said Town Board, upon issuance of said resolution, may authorize a designated burning area for such controlled burning, subject to the terms and conditions set forth on any permit and/or in the resolution of the Town Board.
F. 
Notwithstanding compliance with the above-cited provisions, the Fire Department having jurisdiction over the fire site will retain jurisdiction to determine whether or not the fire is being conducted safely and in such a manner so as not to jeopardize the public health, safety and welfare, and said Fire Department can cause said fire to be extinguished and the permit revoked if, in the determination of said Fire Department or its agents, servants or employees, said fire or proposed fire would be a public danger or a threat to the public health, safety and welfare.

§ 110-17 Assistance of Town Attorney.

The Town Attorney, upon request of the Bureau of Fire Prevention, shall assist the Inspectors in the investigation of any fire.

§ 110-18 School fire drills.

It shall be the duty of the Assistant Fire Inspectors of the Bureau of Fire Prevention in their respective districts, and Fire Inspector of the Bureau of Fire Prevention in the unprotected areas of the Town, to require teachers of private and parochial schools and educational institutions to have at least one fire drill semiannually and to keep all doors and exits unlocked during school hours and to comply with all laws of the State of New York. A report of all such fire drills shall be filed by the person in charge of such drills with the Bureau of Fire Prevention on forms to be supplied by said Bureau.

§ 110-19 Annual report of Bureau.

The annual report of the Bureau of Fire Prevention shall be made on or before the 15th day of January and transmitted to the Town Supervisor. It shall contain all proceedings under this chapter, with such statistics as the Bureau may wish to include therein. The Bureau of Fire Prevention shall also recommend to the Town Board amendments to the ordinances or codes which, in its judgment, shall be desirable and shall be consistent with the New York State Uniform Fire Prevention and Building Code.

§ 110-20 Construal of provisions.

The provisions of this chapter shall be liberally construed so as to effectively carry out its purpose in the interest of the public health, safety and welfare.

§ 110-21 Penalties for offenses.

[Amended 7-12-2006 by L.L. No. 17-2006; 6-3-2009 by L.L. No. 22-2009]
A. 
Any person or persons, firm or corporation violating any of the provisions of this chapter, excepting such offenses as are described in § 110-6B as violations, or neglecting to comply with any order issued pursuant to any section thereof shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not more than $1,000 for each offense. Each day that said violation is permitted to exist beyond the period fixed in the order so issued shall be a separate offense. In default of payment, said offender shall be imprisoned not to exceed 30 days for each offense. This section shall not be applicable to any failure to comply with the provisions of § 110-14 of the Fire Prevention Bureau.
B. 
In addition to any other remedies set forth herein authorizing the Town to enforce the provisions of this chapter, establishing penalties, and setting forth additional remedies, the person charged with the responsibility to enforce the provisions of this chapter may impose a civil fine or agree to a civil fine not to exceed $1,000 per day for each day of the violation. If said civil fine is imposed, then the alleged violator may appeal to the Town Board.

§ 110-22 When effective; repealer.

This chapter shall take effect upon filing with the Secretary of State's office, and upon said effective date of this chapter, the local law known as "Fire Prevention Code, Subpart 12, of the Local Laws of the Town of Poughkeepsie," known as "Local Law No. 4 of 1975," as amended, shall be and the same is hereby repealed.