City of New Rochelle, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Council of the City of New Rochelle 6-16-1987 by Ord. No. 175-1987. Amendments noted where applicable.]
GENERAL REFERENCES
Fire Department — See Ch. 37.
Fire insurance claims — See Ch. 41.
Building construction — See Ch. 111.
Fees — See Ch. 133.
Fumigation and extermination — See Ch. 154.
Housing standards — See Ch. 174.

§ 147-1 Title; incorporation of standards.

[Amended 3-18-2003 by Ord. No. 63-2003]
This chapter shall be known as the "New Rochelle Fire Prevention Code." It shall incorporate the standards found in the Fire Code of New York State, which shall be referred to in this chapter as the "State Code."

§ 147-2 Legislative intent.

It is the intent of this code to establish provisions to administer, enforce and establish rules and regulations to safeguard life and property from the hazards of fire, explosion. structural instability or the release of toxic gases arising from the storage, handling or use of hazardous substances, materials or devices.

§ 147-3 Enforcement officials.

The Fire Commissioner is hereby designated as code enforcement officer and is responsible for enforcement of the Fire Prevention Code. A Deputy Chief, Acting Deputy Chief or code enforcement officer may act as his agent in his absence. All uniformed members of the New Rochelle Fire Department shall perform inspections, issue orders for the correction of violations and investigate complaints.

§ 147-4 Service and applicability of orders.

[Amended 5-20-1997 by Ord. No. 102-1997]
A. 
The service of orders for the correction of violations of this Code or of any notices provided for in this Code or required herein shall be made upon the owner of the premises involved, unless the premises is owned by one person and occupied by another, and, in such case, upon the owner and the occupant or tenant thereof or the managing agent of the premises. Service may be made upon such person personally or by registered mail directed to the last known address or, in the case of an owner, to the mailing address given in the records of the tax office of the City of New Rochelle to which tax bills relating to the property involved are mailed.
B. 
If buildings or other premises are owned by one person and occupied by another under lease or otherwise, the orders issued in connection with the enforcement of the Fire Prevention Code shall apply to the occupant thereof and the owner.
C. 
The owner of a premises who does not reside in Westchester County shall designate a local representative in Westchester County to receive service of orders made under this chapter.

§ 147-5 Authority to enter premises.

The Fire Commissioner or any officer or firefighter may, at all reasonable hours. enter any building or premises for the purpose of making any inspection or investigation which, under the provisions of the Fire Prevention Code, he or they may deem necessary to be made.

§ 147-6 Duty to inspect buildings and premises.

A. 
It shall be the duty of the Fire Commissioner to inspect, or cause to be inspected by Fire Department officers or fire fighters, all buildings and premises, except the interiors of dwellings, as often as may be necessary 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 this Code and of any other ordinance affecting the fire hazard.
B. 
The Fire Commissioner, officer or firefighter, upon the complaint of any person or whenever he or they shall deem it necessary, shall inspect any buildings and premises within their jurisdiction.
C. 
In order to pay for the City of New Rochelle Fire Safety Inspection Program, pursuant to which authorized officers and employees of the City inspect buildings containing multiple dwelling and general building construction uses, and to ensure compliance with applicable codes, including, but not limited to the State Code, the New Rochelle Fire Prevention Code, and other applicable provisions of law, a schedule of fees for classes of occupancies inspected by such Program is hereby established as set forth in Chapter 133, Fees, of the New Rochelle Code. The fees established herein shall be administered by the Department of Finance and shall be billed, accrue interest, be collected, and be enforced in the same manner and at the same time as provided by law for combined City/county taxes.
[Added 12-11-2001 by L.L. No. 9-2001; amended 3-18-2003 by Ord. No. 63-2003]

§ 147-7 Intervals of inspections.

Intervals of inspections shall be as follows:
A. 
Firesafety inspections of areas of public assembly, defined in the State Code, at least once per year.
[Amended 3-18-2003 by Ord. No. 63-2003]
B. 
Firesafety inspections of areas of all multiple dwellings and all nonresidential occupancies, not to exceed 24 months. Occupancies requiring an annual permit are to be inspected at least once per year.
C. 
Inspections where a certificate of compliance is required, at the completion of the work.
D. 
Inspections in response to bona fide complaints regarding conditions or activities allegedly failing to comply with this code, as the situation demands.

§ 147-8 Investigation of fires.

A. 
The Fire Commissioner or designated Fire Investigator shall investigate the cause, origin and circumstances of every fire occurring in the municipality.
B. 
The Corporation Counsel and the Police Department, upon request of the Fire Department, shall assist in the investigation of any fire which is of suspicious origin or which involves loss of life or injury to persons or by which property has been destroyed or substantially damaged.

§ 147-9 Records.

The Fire Commissioner shall keep a record of all activities, including but not limited to fires, fire investigations, inspections, permits, permit fees, licenses, license fees and complaints.

§ 147-10 Exceptions.

This chapter shall apply to explosives and other hazardous materials as hereinafter defined, except that it shall not apply, except as to routes to be followed, to transportation when under the jurisdiction of the Interstate Commerce Commission and in conformity with the regulations promulgated by the Commission or regulations lawfully on file and approved by the Commission, nor to facilities for shipment by water when in conformity with the regulations of and under the jurisdiction of the United States Coast Guard, nor to the transportation and use of small quantities encountered in normal and emergency operations of federal agencies (such as the Bureau of Mines, the Federal Bureau of Investigation and the Secret Service), nor the movement of munitions by the United States Department of Defense, nor State Police or duly authorized State Militia, nor to Municipal Police or Fire Departments, provided that they are acting within their official and in proper performance of their duties.

§ 147-11 Permits and licenses.

A. 
A permit or license shall constitute permission to maintain, store or handle materials or to conduct processes which produce conditions hazardous to life or property. Such permit or license does not take the place of any license required by law. It shall not be transferable; any change in use or occupancy of premises shall require a new permit or license.
B. 
Before a permit or license may be issued, the Fire Commissioner or his assistants shall inspect and approve the receptacles, vehicles, buildings or storage places to be used. In cases where laws or regulations enforceable by departments other than the Fire Department are applicable, joint approval shall be obtained from all departments concerned.
C. 
All applications for a permit or license required by this code shall be made to the New Rochelle Fire Department in such form and detail that the Fire Commissioner prescribes.
D. 
Permits and licenses shall at all times be kept on the premises or person designated therein and shall at all times be subject to inspection by any officer of the Fire or Police Department.

§ 147-12 Revocation of permits or licenses.

The Fire Commissioner may revoke a permit or license issued if any violation of the code is found upon inspection or in case there has been any false statement or misrepresentation as to a material fact in the application or plans on which the permit or license was based.

§ 147-13 Permits required; fees. [1]

[Amended 10-20-1992 by Ord. No. 237-1992]
No person shall engage in the following activities in the City of New Rochelle without obtaining a permit therefor from the Fire Commissioner, at a fee as set forth in Chapter 133, Fees:
Ammunition storage
Blasting
Commercial garage (1 to 25)
Commercial garage (over 25)
Dip tanks/spray booths
Dry-cleaning plant, maintenance of
Explosives, storage of
Explosives, transportation of
Fire protection systems, installation of
Sprinkler system
Standpipe system
Fixed extinguishing system
Flammable liquids,
installation/modification of equipment
Flammable liquids, storage of Class I
Flammable liquids, storage of Class II
Flammable liquids, storage of Class III
Flammable liquids, testing of storage facilities
Hazardous materials storage
Industrial ovens, operation of
Liquified petroleum gas (LPG), storage of
Lumberyard
Oil burner equipment, installation of
Public garage (1 to 25)
Public garage (25 or over)
Self-service gasoline service station
Welding and cutting
Woodworking plan
[1]
Editor's Note: Amended during codification; see Ch. 1, General Provisions.

§ 147-14 Restrictions on specific uses.

[Amended 10-18-1988 by L.L. No. 1-1988]
A. 
Ammunition storage.
(1) 
No person shall store more than two cases of fixed ammunition until a permit therefor has been issued by the Fire Commissioner. "Fixed ammunition" shall mean small arms or blank ammunition designed to be fired from a pistol, revolver, rifle or shotgun held by hand or at the shoulder.
(2) 
Fixed ammunition shall be stored in the manufacturer's cases, cartons or boxes and shall not be kept in any room, compartment or place where flammable liquids, flammable solids, oxidizing materials or flammable compressed gases are kept, nor shall the quantity stored at any time exceed 50 cases of fixed ammunition.
B. 
Blasting permit.
[Amended 2-22-1994 by Ord. No. 47-1994; 2-20-2004 by Ord. No. 34-2004]
(1) 
No explosives may be used for blasting or other purposes until a permit has been secured.
(2) 
No permit may be issued unless the applicant presents a certificate of fitness (blaster license) issued by the Fire Commissioner.
(3) 
The applicant shall indemnify all persons and the City against any loss, expense, cost or damage, direct or indirect of any kind or nature, to property, resulting from possession, storage or use of such explosives or the prosecution of the work involving such explosives. This liability and responsibility upon the part of the applicant shall be absolute and shall not depend upon any question of negligence upon his part or upon the part of his agent, servants or employees, and the neglect of anyone to direct the applicant to take any particular precaution or to refrain from doing any particular thing shall not excuse the applicant in case of any such damage. Before the issuance of any permit, the applicant shall furnish the City of New Rochelle, its officers and employees and the person and contractor doing the blasting or causing said blasting to be done and the owner of the property whereon said blasting is being done, all as additional insureds, insurance against liability for damages arising out of said blasting in the amount of $3,000,000 for property damage and $5,000,000 for personal injuries, including death for each accident. Insurance shall be evidenced by insurance endorsement and shall be changed to cover each new job.
(4) 
A permit, when issued, shall specify the particular job for which it is issued, its location and the date of expiration.
(5) 
It shall be unlawful to conduct blasting operations between the hours of 7:00 p.m. and 7:00 a.m. or at any time on Sunday, except under authority of a special permit issued by the Fire Commissioner.
C. 
Storage of explosives.
[Amended 2-22-1994 by Ord. No. 47-1994; 2-20-2004 by Ord. No. 34-2004]
(1) 
No explosives may be stored, sold or possessed until a permit has been secured.
(2) 
No permit may be issued unless the applicant presents a certificate of fitness (blaster license) issued by the Fire Commissioner.
(3) 
The applicant shall indemnify all persons and the City against any loss, expense, cost or damage, direct or indirect of any kind or nature, to property, resulting from possession, storage or use of such explosives or the prosecution of the work involving such explosives. This liability and responsibility upon the part of the applicant shall be absolute and shall not depend upon any question of negligence upon his part or upon the part of his agent, servants or employees, and the neglect of anyone to direct the applicant to take any particular precaution or to refrain from doing any particular thing shall not excuse the applicant in case of any such damage. Before the issuance of any permit, the applicant shall furnish the City of New Rochelle, its officers and employees and the person and contractor doing the blasting or causing said blasting to be done and the owner of the property whereon said blasting is being done, all as additional insureds, insurance against liability for damages arising out of said blasting in the amount of $3,000,000 for property damage and $5,000,000 for personal injuries, including death, for each accident. Insurance shall be evidenced by insurance endorsement and shall be changed to cover each new job.
(4) 
A watchman shall be employed to safeguard explosives after working hours and during all times when work is not underway.
(5) 
NFPA Standard 495, Explosive Materials Code, Chapter 6, Aboveground Storage of Explosive Materials, shall be strictly adhered to.
D. 
Transportation of explosives.
[Amended 2-20-2004 by Ord. No. 34-2004]
(1) 
No person shall transport or cause or permit the transportation of explosives on or through the streets of the City of New Rochelle unless a permit has been secured.
(2) 
Explosives shall be transported only in vehicles approved by the Fire Commissioner.
(3) 
The applicant shall indemnify all persons and the City against any loss, expense, cost or damage, direct or indirect of any kind or nature, to property, resulting from possession, storage or use of such explosives or the prosecution of the work involving such explosives. This liability and responsibility upon the part of the applicant shall be absolute and shall not depend upon any question of negligence upon his part or upon the part of his agent, servants or employees, and the neglect of anyone to direct the applicant to take any particular precaution or to refrain from doing any particular thing shall not excuse the applicant in case of any such damage. Before the issuance of any permit, the applicant shall furnish the City of New Rochelle, its officers and employees and the person and contractor doing the blasting or causing said blasting to be done and the owner of the property whereon said blasting is being done, all as additional insureds, insurance against liability for damages arising out of said blasting in the amount of $3,000,000 for property damage and $5,000,000 for personal injuries, including death, for each accident. Insurance shall be evidenced by insurance endorsement and shall be changed to cover each new job.
E. 
Commercial or public garage.
(1) 
No garage may be occupied as a place of business without a permit. A garage occupied as a place of business is divided into the two following classes: commercial garage or public garage.
(a) 
A commercial garage is the place of storage of one or more automobiles, trucks or other motor vehicles owned and used by not more than one person, firm or corporation.
(b) 
A public garage is any place used for the storage of one or more automobiles, parts thereof or any type or types of motor vehicles, whether such storage is for manufacture, repair, exhibition, demonstration, sale, rental, hire, painting, adjustment or equipment.
(2) 
Public and commercial garages shall be constructed to conform to the State Code.
[Amended 3-18-2003 by Ord. No. 63-2003]
(3) 
Floor assemblies shall be constructed of noncombustible materials or, if combustible materials are used in the assembly, shall be surfaced with approved noncombustible material. Floors shall be liquid-tight to prevent the leakage or seepage of liquids and shall be sloped to facilitate the movement of water, fuel or other liquids to approved floor drains.
(4) 
Any pit shall be installed in compliance with standards promulgated by the National Fire Protection Association.
[Amended 7-25-1989 by Ord. No. 186-1989]
(5) 
Gasoline, except such as may be contained in the tanks of automobiles in storage, shall be kept in tanks underground, in an approved location. No gasoline may be stored in vehicle tanks when floors are of combustible assembly, however sealed.
(6) 
No gasoline shall be conveyed from one place to another in any open can, vessel or container. Parts shall be cleaned with nonflammable safety solvent only.
(7) 
Garages shall not be located within or attached to a building or structure used for any purpose other than a garage unless separated by walls or partitions, floors or floor-ceiling assemblies having a fire-resistive rating of not less than two hours.
(8) 
Heating units must be so arranged as to comply with NFPA 88b Chapter 3-2.
(9) 
Welding or open-flame operations shall be restricted to areas specifically provided for such operations.
F. 
Dry-cleaning plant.
(1) 
No person shall engage in the business of dry cleaning without a permit which shall prescribe the type of system (flammable or nonflammable) to be used.
(2) 
No change shall be made in the solvent used in the equipment to a solvent in a more hazardous class unless permission for such a change shall first have been obtained from the Fire Commissioner.
G. 
Dip tanks/spray booths. A permit shall be required for dipping or spraying operations utilizing more than one (l) gallon on any working day of flammable or combustible liquids.
H. 
Flammable liquids, installation, modification or testing of equipment.
(1) 
A permit must be secured prior to each and every installation or modification.
(2) 
No permit may be issued unless the applicant presents the proper installers license issued by the Fire Commissioner.
(3) 
No testing of petroleum storage facilities shall be performed unless prior approval has been secured from the Fire Commissioner. Testing shall only be performed by testers holding the proper license issued by the Fire Commissioner. Written results of tests performed must be forwarded to the Fire Commissioner within 48 hours of completion. All equipment failures must be reported immediately.
(4) 
All above- or underground installations of petroleum storage facilities must meet or exceed New York State Department of Environmental Conservation 6 NYCRR 614, Standards for New and Substantially Modified Petroleum Storage Facilities. A letter stating the same and signed by the licensed installer must be attached to the application for a permit-to install.
I. 
Flammable liquid storage.
(1) 
A permit shall be required for the storage or use of a flammable liquid in excess of five gallons inside a building or 10 gallons outside of a building, or for a combustible liquid over 25 gallons inside a building or over 60 gallons outside of a building, except that no permit shall be required for the following:
(a) 
For the storage or use of flammable liquids in the fuel tank of a motor vehicle, aircraft, motorboat, mobile power plant or mobile heating plant.
(b) 
For the storage or use of paints, oils, varnishes or similar flammable mixtures when such liquids are stored for maintenance, painting or similar purposes for a period of not more than 30 days.
(2) 
The storage of Class I, Class II or Class III liquids in closed containers shall comply with the State Code.
[Amended 3-18-2003 by Ord. No. 63-2003]
J. 
Hazardous materials storage.
(1) 
A permit shall be required for the storage of hazardous materials not otherwise covered in this code which are highly flammable, or which may react to cause fires or explosions, or which, by their presence, create or augment a fire or explosion hazard, or which, because of their toxicity, flammability or liability to explosion, render fire fighting abnormally dangerous or difficult; also to liquids which are chemically unstable and which may spontaneously form explosive compounds or undergo spontaneous reactions of explosive violence or with sufficient evolution of heat to be a fire hazard. Hazardous materials shall include such materials as compressed gases. flammable solids, corrosive liquids, radioactive materials, oxidizing materials and poisonous gases.
(2) 
A hazardous materials permit shall be required for the storage or handling of the following amounts as defined by the Code of Federal Regulations, Title 49, Transportation, Parts 100 to 199:
(a) 
Corrosive liquid: more than 55 gallons.
(b) 
Dangerous when wet material: any amount.
(c) 
Etiologic material: any amount.
(d) 
Flammable gas: over 2,000 cubic feet.
(e) 
Flammable solid: any amount.
(f) 
Nonflammable gas: over 6,000 cubic feet.
(g) 
Oxidizer: over 50 pounds.
(h) 
Organic peroxide: over 10 pounds.
(i) 
Poison gas: any amount.
(j) 
Poison and irritant: any amount.
(k) 
Radioactive material: any amount.
K. 
Industrial ovens.
(1) 
A permit is required for the construction and operation of industrial baking and drying ovens which are heated with oil or gas fuel or which, during operation, contain flammable vapors from products being baked or dried.
(2) 
Application for a permit shall be accompanied by plans showing all essential details and calculations for safe operation.
L. 
Liquefied petroleum gas (LPG) installations.
(1) 
A permit shall be obtained for each installation of liquefied petroleum gas employing a container or aggregate of interconnected containers of over 1,000 pounds' (nominal 120 gallons) water capacity and for each permanent installation, irrespective of the size of the containers, made at buildings in which people congregate for civic, political, educational, religious. social or recreational purposes. Such buildings shall include schools, churches, hospitals, institutions, hotels and restaurants, each having a capacity of 20 or more persons. Prior to making such an installation, an installer shall submit plans to the Fire Commissioner, and, if in compliance with the requirements of this code, a permit shall be issued.
(2) 
Installers shall maintain a record of all installations for which a permit is not required by Subsection L(1) above (but not including installation of gas-burning appliances and replacing of portable cylinders) and have it available for inspection by the Fire Department.
M. 
Lumberyard. No person shall store in excess of 100,000 board feet of lumber without a permit.
N. 
Oil-burner equipment (installation). A permit shall be obtained for the installation or replacement of each and every oil-burning equipment, which permit may be declared null and void where any oil-burning equipment has not been properly installed or has become defective or dangerous to life and property.
O. 
Public garage. See Subsection E of this section.
P. 
Self-service gasoline station. A permit is required for the operation of all self-service gasoline stations.
Q. 
Welding and cutting. A permit shall be obtained for the use of acetylene or other fuel gases in connection with welding or cutting if the acetylene or other fuel gas is supplied to work areas or consuming devices as follows:
(1) 
Through a permanently installed piping system; or
(2) 
From individual cylinders or manifolds or both, and the aggregate nominal gas capacity of all cylinders in use or connected to use exceeds 750 cubic feet.
R. 
Woodworking plants. Sawmills. planing mills and other woodworking plants shall be equipped with refuse removal systems which will collect and remove sawdust and shavings as produced; or suitable metal or metal-lined bins, provided with normally closed covers or automatically closing covers, shall be installed at or near such machines, and shavings and sawdust shall be swept up and deposited in such bins at sufficiently frequent intervals as to keep the premises clean. Blower and exhaust systems shall be installed in accordance with NFPA 664.

§ 147-15 Licenses required.

No person shall engage in the following activities in the City of New Rochelle without obtaining a license therefor from the Fire Commissioner. Fees for such licenses shall be as indicated.[1]
A. 
Explosives, certificate of fitness.
B. 
Flammable liquids:
(1) 
Installation of equipment.
(2) 
Modification of equipment.
(3) 
Testing of equipment (Annual).
C. 
Motion-picture operator (Annual).
[1]
Editor's Note: See Ch. 133, Fees.

§ 147-16 Restrictions on licensed activities. [1]

A. 
Certificate of fitness (blaster).
(1) 
A license may be issued to individuals who:
(a) 
Are at least 21 years of age.
(b) 
Have a reasonable understanding of the English language and are able to satisfactorily answer such questions as may be asked them upon examination.
(c) 
Pass an examination by the Fire Commissioner with respect to the applicant's knowledge.
(2) 
In addition thereto, the applicant shall present satisfactory evidence of experience.
(3) 
Upon approval of the Fire Commissioner and payment of a license fee, a license shall be issued. Said license shall expire on the 31st day of December after the date of issue. An applicant for such license who has failed to pass the examination or who has had his license revoked may renew his application after the expiration of three months from the date of his last examination or after expiration of three months from the date of any revocation of any license.
(4) 
Two passport-sized photographs are required at the time of issue.
(5) 
Said certificate may be renewed upon payment of a renewal fee and upon sworn statement that there have been no material changes in the facts set forth in the original application.
B. 
Flammable liquids, installation or testing of equipment.
(1) 
No person, firm or corporation not duly licensed by the Fire Department may install, relocate, replace, modify or test any equipment designed for or intended as a part of any installation involving the use or handling and storage of flammable liquids.
(2) 
A license may be issued only to individuals. A copartnership, firm or corporation shall not engage in the work described in Subsection B(1) above unless one of the partners, in the case of a firm or copartnership, and in the case of a corporation, one of the officers thereof, has been licensed as hereinafter provided, and all work described in Subsection B(1) hereinabove shall be done under the direct supervision of such duly licensed individual. The licensed individual must be present during installation, replacement, relocation, modification or testing of equipment.
(3) 
License requirements.
(a) 
A license may be issued to individuals who:
[1] 
Are at least 21 years of age.
[2] 
Have a reasonable understanding of the English language and are able to satisfactorily answer such questions as may be asked the upon examination.
[3] 
Pass an examination by the Fire Commissioner with respect to the applicant's knowledge of the equipment installation and maintenance of the type of equipment using flammable liquids for which the applicant desires to be licensed.
(b) 
In addition thereto, the applicant shall present satisfactory evidence of experience in the installation and maintenance of the type of equipment for which he desires to be licensed to install for a period of not less than one year.
(c) 
Upon approval of the Fire Commissioner and payment of a license fee, a license shall be issued. Said license shall expire on the 31st day of December after the date of issue. An applicant for such license who has failed to pass the examination or who has had his license revoked may renew his application after the expiration of three months from the date of his last examination or after expiration of three months from the date of any revocation of any license.
(d) 
Two passport-sized photographs are required at the time of issue.
(e) 
Said certificate may be renewed upon payment of a renewal fee and upon sworn statement that there have been no material changes in the facts set forth in the original application.
C. 
Motion-picture projection machine operator.
(1) 
In all theaters, places of amusement and public buildings where motion-picture projection machines are used or operated, a duly licensed motion-picture operator shall at all times during any performance be assigned to and remain in charge of each motion-picture machine while in operation therein; and it shall be the duty of the owner, proprietor, manager or other person having charge of such theater, place of amusement or public building to comply with the provisions of this section. If platter or automated systems are used, an operator may run multiple machines, provided that said machines are within the same building.
(2) 
It shall be unlawful for any person to operate a motion-picture projector apparatus in the City of New Rochelle without first having obtained an operator's license from the Fire Commissioner.
(3) 
License requirements.
(a) 
The individual must be no less than 18 years of age.
(b) 
Application shall be filed with the City of New Rochelle Fire Department, accompanied by two passport-sized photos, the applicant's fingerprints, taken by the New Rochelle Police Department, and the license fee.
(c) 
Upon notice from the Fire Commissioner, the applicant shall pass an examination in regard to his practical knowledge of motion-picture apparatus, films, booths, etc., the proper safety precautions to be used therewith and the laws and ordinances governing them.
(d) 
Each existing and future license and renewals thereof shall expire on December 31 of the year of issuance and may be renewed for a period of one year from the date of expiration upon payment of the annual license fee.
[1]
Editor's Note: Amended during codification (see Ch. 1, General Provisions).

§ 147-17 Modifications of state standards.

Pursuant to § 379 of the Executive Law, the following local code provisions are permitted to be used in place of the corresponding sections of Subtitle S, Division of Housing and Community Renewal, Chapter 1, the New York State Uniform Fire Prevention and Building Code, Subchapter C, Fire Prevention.
A. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection A, Flammable liquids, tank capacity, was repealed 1-17-1989 by Ord. No. 15-1989.
B. 
(Reserved)[2]
[2]
Editor's Note: Former Subsection B, Leak-detecting systems, was repealed 1-17-1989 by Ord. No. 15-1989.
C. 
(Reserved)[3]
[3]
Editor's Note: Former Subsection C, Automatic dispensing devices, was repealed 1-17-1989 by Ord. No. 15-1989.
D. 
Self-service gasoline stations. Self-service gasoline stations are required to have fixed flammable liquid extinguishing systems, approved by the Fire Commissioner, located at or in the vicinity of the dispensing devices. Such systems shall be automatic as well as controlled by the attendant at the central control station. Supersedes Part 1164.3c-3. (Approved 12-16-85 by the New York State Fire Prevention and Building Code Council.)
E. 
Portable oil heaters. The use, maintenance or storage of any portable fuel-fired heater in any living or sleeping space is prohibited. Supersedes Part 1191.3d-1. (Approved 12-16-1985 by the New York State Fire Prevention and Building Code Council.)

§ 147-18 Penalties for offenses. [1]

[Amended 3-18-2003 by Ord. No. 63-2003; 10-16-2007 by Ord. No. 238-2007]
A. 
Except as provided in Subsection B below, an offense against the provisions of this chapter shall be punishable by a fine of not more than $2,500 for a first offense and not more than $5,000 for a second or subsequent offense within three years of a first or other offense of this chapter, or by imprisonment for not more than 15 days, or both.
B. 
Notwithstanding anything to the contrary contained in Subsection A above, any person violating any provision of the Fire Code of New York State, Chapter 38, Liquefied Petroleum Gas, Containers and Tanks; Section 609, Commercial Cooking Equipment; Sections 308, 306, 805, 1003.2.2.1, Assembly Spaces; Chapter 34, Flammable and Combustible Liquids; Chapter 27, Hazardous Materials; Chapter 33, Explosives, Ammunition and Blasting Agents; Chapter 9, Fire Protection Systems, or failing to comply with any order or regulation made thereunder shall, upon conviction, be guilty of a violation punishable by a fine not more than $2,500 for a first offense and not more than $5,000 for a second or subsequent offense within three years of a first or other offense of this chapter, or by imprisonment for not more than 15 days, or both, for each and every offense. The imposition of the penalty for any violation of the Fire Code of New York State, Chapter 38, Liquefied Petroleum Gas, Containers and Tanks; Section 609, Commercial Cooking Equipment; Sections 308, 306, 805, 1003.2.2.1, Assembly Spaces; Chapter 34, Flammable and Combustible Liquids; Chapter 27, Hazardous Materials; Chapter 33, Explosives, Ammunition and Blasting Agents; Chapter 9, Fire Protection Systems, shall not excuse the violation or permit it to continue, and each five days that the prohibited conditions are maintained shall constitute a separate offense.
[1]
Editor's Note: Added during codification.