Village of Lancaster, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Lancaster 12-9-1991 by L.L. No. 7-1991 (Ch. 79 of the 1976 Code). Amendments noted where applicable]
GENERAL REFERENCES
Housing standards — See Ch. 94.
Smoke detectors — See Ch. 129.
Smoking restrictions in Municipal Building — See Ch. 275, Art. I.

§ 156-1 Firesafety practice.

Firesafety practice shall be observed as set forth in this chapter to ensure that property and materials shall be maintained in a manner which will provide the public with safeguards from the hazards of fire, explosion, structural instability or the release of toxic gases.

§ 156-2 Precautions and prohibitions; smoking.

A. 
Precautions shall be taken to protect property and premises against the starting and spreading of fires.
B. 
It is prohibited to:
(1) 
Deliberately set a fire or knowingly permit a fire to start or spread which endangers the safety of persons or property.
(2) 
Discard or place flaming or glowing objects, such as matches, cigars and cigarettes or other flaming or glowing substances, where such substances or things may ignite combustible or explosive materials.
(3) 
Dispose of hot or smoldering materials, including hot ashes or cinders or smoldering coals, in other than noncombustible receptacles. Such receptacles, unless resting on a noncombustible floor or on the ground in an exterior open area, shall be placed on noncombustible stands at least two feet laterally away from combustible materials, structures and exterior openings of buildings.
(4) 
Use or operate any internal combustion equipment or flame-producing device unless suitable measures are taken to ensure against ignition of combustibles.
C. 
Where conditions are such as to make smoking a hazard, the Code Enforcement Officer is authorized to order the owner or occupant, in writing, to post "No smoking" signs in the specified areas. The lettering, size, color and location of the "No smoking" signs shall be determined by the Code Enforcement Officer.
D. 
It shall be unlawful for any person to smoke or throw or deposit any lighted or smoldering substance in any place where "No smoking" signs are posted or in any other place where smoking would constitute a fire or life hazard.
E. 
No person shall knowingly maintain a fire hazard.

§ 156-3 Exterior protection.

A. 
Dry vegetation, combustible waste and refuse. Combustible waste, refuse and large quantities of dry vegetation which, by reason of their proximity to buildings or structures, would constitute a fire hazard or contribute to the spread of a fire shall be removed.
B. 
Obstructions. It is prohibited to:
(1) 
Install or maintain wires, cables, ropes, aerial antennas or other overhead obstructions on the roofs of buildings having a roof slope of less than 30°, unless there is a full clearance of seven feet or more between the roof surface and such obstruction, except that obstructions may be installed less than seven feet high, provided that they are protected in a manner to prevent injury to firefighters working on the roof during periods of reduced visibility.
(2) 
Maintain or allow on roofs and fire escapes materials or objects which obstruct or could obstruct egress or Fire Department access.
(3) 
Attach or fasten ropes, wires, cables or similar devices, except standard equipment therefor, to fire escapes.
(4) 
Place or permit objects or materials to obscure or obstruct the use of fire hydrants and Fire Department connections.
C. 
Open burning.
[Amended 9-24-2007 by L.L. No. 13-2007]
(1) 
General provisions. A person shall not conduct or permit any open burning unless conducted or approved in accordance with this chapter.
(2) 
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
BARBECUE PIT
A noncombustible container designed for roasting or baking food or meat over an open fire.
BONFIRE
An outdoor fire utilized for a ceremony, special occasion or ritual.
COOKING DEVICE
A noncombustible device designed for cooking food or meat, fueled by either natural gas, liquefied petroleum gas (LP gas), or commercial charcoal or briquettes.
OPEN BURNING
The burning of materials wherein products of combustion are emitted directly into the ambient air without passing through a stack or chimney from an enclosed chamber. Open burning does not include recreational fires, road flares, smudge pots, and similar devices associated with safety or occupational uses.
OUTDOOR FIREPLACE
A noncombustible container designed for burning wood wherein products of combustion are emitted into the air by either passing through a stack or chimney from an enclosed container or emitted into the air from an enclosed container without passing through a stack or chimney. The total fuel area shall be nine square feet or less and two feet or less in height.
RECREATIONAL FIRE
An outdoor fire for pleasure, religious, ceremonial, cooking, warmth, or similar purposes burning materials other than rubbish where the fuel being burned is contained in a container designed for burning and has a total fuel area of nine square feet or less and two feet or less in height.
(3) 
Bonfires.
(a) 
A permit for a bonfire shall be obtained from the Fire Chief or Code Enforcement Officer or his or her designee prior to igniting such bonfire. Application for such approval shall be presented by and a permit issued to the owner of the land upon which the bonfire is to be located.
(b) 
A bonfire that is hazardous, offensive, objectionable, or unreasonably interferes with the comfortable enjoyment of life or property due to smoke or odor emissions shall be prohibited.
(c) 
The Fire Chief, Chief of Police, Code Enforcement Officer or his or her designee is authorized to order the extinguishment of a bonfire which creates or adds to a hazardous, offensive, or objectionable condition.
(d) 
Materials. Materials used for fuel for a bonfire shall consist of wood only.
(e) 
Size. The pile size for a bonfire shall be 12 feet or less in diameter and six feet or less in height.
(f) 
Location.
[1] 
The location of a bonfire shall not be less than 100 feet from any building or structure, and provisions shall be made to prevent the fire from spreading to within 100 feet of any building or structure.
[2] 
Exception. The minimum required distance of a bonfire from a building or structure shall be 25 feet where the pile size is three feet or less in diameter and two feet or less in height.
(4) 
Open burning. Open burning shall be prohibited.
(5) 
Recreational fires.
(a) 
A recreational fire shall not be conducted within 25 feet of any building, structure, or combustible material unless the fire is contained in a barbecue pit or outdoor fireplace. Materials used for fuel for a recreational fire shall consist of wood only.
(b) 
Exceptions:
[1] 
A cooking fire which shall be contained in a cooking device.
[2] 
A recreational fire contained in a container, designed for burning combustibles, positioned on a noncombustible surface not less than 15 feet from a building or structure.
[3] 
A cooking fire in a container, designed as a barbecue pit, positioned on a noncombustible surface not less than 15 feet from a building or structure.
(c) 
A recreational fire that is hazardous, offensive, objectionable, or unreasonably interferes with the comfortable enjoyment of life or property due to smoke or odor emissions shall be prohibited.
(d) 
The Fire Chief, Chief of Police, Code Enforcement Officer or his or her designee is authorized to order the extinguishment of a recreational fire which creates or adds to a hazardous, offensive, or objectionable condition.
(6) 
Attendance. Bonfires and recreational fires shall be constantly attended until the fire is extinguished. On-site fire-extinguishing equipment, such as a fire extinguisher, dirt, sand, a water barrel, garden hose or fire truck, shall be available for immediate utilization.
(7) 
Open-flame cooking devices. Charcoal burners and other open-flame cooking devices shall not be operated on combustible balconies, decks, porches, or within 10 feet of combustible construction.
D. 
Waste disposal sites.
(1) 
Transporting burning waste or refuse is prohibited.
(2) 
Vehicles or conveyance used to transport combustible waste or refuse over public thoroughfares shall have cargo space covered and maintained sufficiently tight to ensure against ignition from external fire sources.
(3) 
Burning debris shall not be dumped at a waste disposal site.

§ 156-4 Flame-producing devices.

It shall be prohibited to remove paint or thaw out frozen pipes with a torch or other flame-producing device unless there is a listed and appropriate type of fire extinguisher and/or a water hose connected to a water supply that is capable of applying a water stream on all affected areas. In occupied structures, the person or persons removing the paint or thawing the pipes shall remain in view of this area at all times and for one hour after using the torch or flame-producing device.

§ 156-5 Fire Department notification.

A. 
Upon discovery of a fire which poses a possible danger to life or property, even though it has apparently been extinguished, the existence, circumstances and location of such fire shall immediately be reported to the Fire Department.
B. 
The Fire Department shall be promptly notified upon discovery of evidence of the spontaneous or abnormal heating of any merchandise, commodity, cargo or material in buildings, structures or premises which indicates a probable danger of fire or explosion or upon discovery or being apprised of an uncontrolled hazardous gas leak or hazardous material or combustible or flammable liquid spill.
C. 
It is prohibited to make or issue regulations or orders, written or verbal, that would require any delaying action prior to reporting a serious fire hazard or fire to the Fire Department, except in the case of established on-premises fire-fighting organizations which have coordinated and arranged procedures with the Fire Department.
D. 
A reliable means of communication to the Fire Department, which is accessible by all occupants, shall be provided and maintained operable at all times.

§ 156-6 Solid-fuel-burning heating appliances.

A. 
The Code Enforcement Officer shall be notified by the purchaser of any purchase or acquisition of any solid-fuel-burning heating appliance, chimney or flue.
B. 
All businesses selling or installing solid-fuel-burning heating appliances, chimneys or flues shall notify the purchaser, in writing, at the time of sale or acquisition, that they are legally required to notify their Code Enforcement Officer before installation or erection commences.
C. 
The Fire Chief shall notify the Code Enforcement Officer of any fire or explosion involving any structural damage, fuel-burning appliance, chimney, flue or gas vent.

§ 156-7 Adoption of standard.

In addition to the provisions set forth in §§ 156-1 through 156-4, the 1970 BOCA (Building Officials and Code Administrators) Basic Fire Prevention Code, Second Edition, 1970, and any subsequent amendments or modifications to the same, together with the National Fire Protection Association Standards, published by the National Fire Protection Agency, as set forth in the 1966 to 1967 National Fire Codes, and any subsequent amendment or modification thereto, shall be deemed incorporated into the provisions of this chapter as if fully set forth and recited herein.

§ 156-8 Enforcement.

This chapter shall be enforced by the Village of Lancaster Fire Chief, Code Enforcement Officer or other designated inspector of the Village of Lancaster, New York.

§ 156-9 Penalties for offenses.

Any person committing an offense against any provision of this chapter or code adopted hereby shall, upon conviction thereof, be punishable as provided in Chapter 1, General Provisions, Article II, Penalties for Offenses, of the Village Code of Lancaster.

§ 156-10 Additional remedies.

In addition to the foregoing remedies, the Village Board may institute any appropriate action or proceedings to prevent, correct or restrain any violations of this chapter.