[Adopted 5-4-1993 as L.L. No. 4-1993]
This Article shall provide the basic method for administration and enforcement of the New York State Uniform Fire Prevention and Building Code in the Village of Lindenhurst and shall establish powers, duties and responsibilities in connection therewith.
The Building Inspector and the Fire Marshal are hereby designated to administer and enforce the New York State Uniform Fire Prevention and Building Code within the Village of Lindenhurst.
A. 
The Building Inspector and the Fire Marshal may adopt rules and regulations for the administration and enforcement of the New York State Uniform Fire Prevention and Building Code. Such rules and regulations shall not conflict with the New York State Uniform Fire Prevention and Building Code, this article or any other provision of law.
B. 
The Building Inspector and the Fire Marshal shall publish all rules and regulations at least five days prior to the effective date thereof in the official newspaper of the Village.
A. 
Upon payment of the fee as prescribed in the schedule of fees adopted by the Board of Trustees from time to time, permits shall be issued by and bear the name and signature of the Building Inspector or the Fire Marshal and shall specify:
(1) 
The activity or operation for which permit is issued.
(2) 
The address or location where the activity or operation is to be conducted.
(3) 
The name and address of the permittee.
(4) 
The permit number and date of issuance.
(5) 
The period of permit validity.
B. 
Permits shall not be transferable, and any change in activity, operation, location, ownership or use shall require a new permit.
C. 
Permits shall continue until revoked or for a period of time designated at the time of issuance. An extension of the permit time period may be granted, provided that a satisfactory reason can be shown for failure to start or complete the work or activity authorized within the required time period.
D. 
Permits shall be obtained for the following:
(1) 
Acetylene generators: to operate an acetylene generator having a calcium carbide capacity exceeding five pounds.
(2) 
Automobile tire-rebuilding plants: to operate an automobile tire-rebuilding plant.
(3) 
Automobile wrecking yards: to operate an automobile wrecking yard.
(4) 
Bowling establishments: for bowling pin refinishing and bowling lane resurfacing operations involving the use and application of flammable or combustible liquids or materials.
(5) 
Cellulose nitrate motion-picture film: to store, keep or have on hand more than 25 pounds of cellulose nitrate motion-picture film.
(6) 
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.
(7) 
Combustible fibers: to store, handle or use combustible fibers in quantities in excess of 100 cubic feet, except agricultural products on a farm.
(8) 
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.
(9) 
Compressed gases:
(a) 
To store, handle or use at normal temperatures and 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.
(10) 
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.
(11) 
Dry-cleaning plants: to use in excess of four gallons of solvents or cleaning agents classified as flammable or combustible.
(12) 
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.
(13) 
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.
(14) 
Flammable and combustible liquids:
(a) 
To store, handle or use flammable liquids in excess of 6 1/2 gallons inside dwellings or in excess of 10 gallons inside any other building or other occupancy or in excess of 60 gallons outside of any building. This provision shall not apply to liquids in the fuel tank of a motor vehicle, aircraft, portable or stationary engine, boat or portable heating plant; or paints, oils, varnishes or similar flammable mixtures, when such liquids are stored for maintenance, painting or similar purposes.
(b) 
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 to apply to fuel oil used in connection with oil-burning equipment. A permit shall be obtained for the initial installation of an oil burner and a fuel-oil tank used in connection therewith. A permit shall be required for the replacement of a fuel-oil tank connected to an oil burner.
(c) 
For processing, blending or refining of flammable or combustible liquids.
(15) 
Flammable finishing: for spraying, coating or dipping operations utilizing flammable or combustible liquids.
(16) 
Fruit-ripening process: to conduct a fruit-ripening process using ethylene gas.
(17) 
Fumigation and thermal insecticidal fogging: to conduct fumigation or thermal insecticidal fogging operations.
(18) 
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 60% or more ammonium or any amount of toxic material or poisonous gas.
(b) 
To store, handle or use any quantity of air-reactive, water-reactive or unstable materials.
(19) 
Liquefied petroleum gas: for each installation of liquefied petroleum gas employing a container or an aggregate of interconnected containers of over 2,000 gallons' 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 replacement of portable cylinders and have it available for inspection.
(20) 
Lumberyards: to operate a lumberyard.
(21) 
Magnesium: for melting, casting, heat-treating, machining or grinding of more than 10 pounds of magnesium per working day.
(22) 
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.)
(23) 
Organic coatings: to perform organic coating operations utilizing more than one gallon of organic coating on any working day.
(24) 
Ovens and furnaces: to operate industrial processing ovens and furnaces operating at approximately atmospheric pressures and temperatures not exceeding 1,400° 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.
(25) 
Service stations and repair garages: to operate a service station or repair garage.
(26) 
Welding and cutting: to operate a welding and cutting business. A record of all locations where welding or cutting operations are performed shall be maintained and kept available for inspection by the permit holder.
(27) 
Adult nursing homes: to operate and maintain an adult nursing home as defined by the State of New York.
[Added 3-18-2003 by L.L. No. 5-2003]
E. 
Consolidated permits. When more than one permit is required for the same property or premises, a single permit may be issued listing all materials or operations covered. Revocation of a portion or portions of such consolidated permit, for specific hazardous materials or operations, shall not invalidate the remainder.
F. 
Location of permits. Permits shall be kept on the property or premises covered by the permit or carried by the permit holder.
G. 
Revocation of permits. Permits may be suspended or revoked when it is determined that there is a violation of a condition under which the permit was issued or that there has been misrepresentation or falsification or material facts in connection with the permit application or a condition of the permit.
A. 
The Building Inspector or Fire Marshal shall conduct periodic inspections for compliance with the provisions of the New York State Uniform Fire Prevention and Building Code. Such inspections may be made at any reasonable time.
B. 
If entrance to make an inspection is refused or cannot be obtained, the Building Inspector or Fire Marshal may apply for a warrant to any court of competent jurisdiction to make an inspection.
A. 
A person owning, operating, occupying or maintaining property or premises within the scope of the New York State Uniform Fire Prevention and Building Code or this article shall comply with all the provisions of the New York State Uniform Fire Prevention and Building Code, this article and all orders, notices, rules, regulations or determinations issued in connection therewith.
B. 
Whenever the Building Inspector or the Fire Marshal finds that there has been a violation of the New York State Uniform Fire Prevention and Building Code, this article or any rule or regulation adopted pursuant to this article, a violation order shall be issued to the person or persons responsible.
C. 
Violation orders shall be in writing; shall identify the property or premises; shall specify the violation and remedial action to be taken; and shall provide a reasonable time limit for compliance. A summons and/or appearance ticket may be issued simultaneously with a violation order.
D. 
Violation orders may be served by personal service; by mailing by registered or certified mail; or by posting a copy thereof in a conspicuous place on the premises and by mailing a copy thereof to the premises on the same days as posted, enclosed in a postpaid wrapper addressed to the person responsible.
E. 
In case the owner, lessor, occupant or the agent of any of them shall fail, neglect or refuse to remove, eliminate or abate the violation within the time specified in the violation order, a request to take appropriate legal action shall be made to the Mayor of the Village of Lindenhurst.
A. 
Any person committing an offense against any provision of this article shall, upon conviction thereof, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine of not less than $50, not more than $1,000 or a term of prison not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this article shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.
B. 
In addition or as an alternative to the above provided penalties, the Board of Trustees may also maintain an action or proceeding in the name of the Village in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this article.
The Building Inspector shall keep official records of all permits, inspection reports, recommendations, complaints and violation orders.
Where practicable difficulties or unnecessary hardship may result from enforcement of the strict letter of any provision of the New York State Uniform Fire Prevention and Building Code, applications for variances consistent with the spirit of the Code may be made to the regional Board of Review in accordance with Part 440 of the New York Codes, Rules and Regulation entitled "Uniform Code: Board of Review" as promulgated by the New York Department of State.