Town of Webster, NY
Monroe County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Webster: Art. I, 3-1-2007 by L.L. No. 2-2007.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Appearance tickets — See Ch. 4.
Building construction — See Ch. 86.
Numbering of buildings (grid system) — See Ch. 88.
Electrical inspections — See Ch. 111.
Sale of petroleum products — See Ch. 162.
Smoking policy — See Ch. 184.
Water — See Ch. 220.
Zoning — See Ch. 225.
[1]:
Editor's Note: This local law also superseded former Ch. 124, Fire Prevention: Art. I, Adoption of State Standards, adopted 5-3-1990 by resolution, and Art. II, Administration and Enforcement, adopted 5-3-1990 by L.L. No. 2-1990, as amended.

§ 124-1 Standards adopted.

The Town Board of the Town of Webster does hereby adopt the provisions of the New York State Uniform Fire Prevention and Building Code and the Property Maintenance Code of New York State and makes them applicable to the Town of Webster.

§ 124-2 Scope; hazardous conditions.

A. 
This article shall provide the basic method for administration and enforcement of the New York State Uniform Fire Prevention and Building Code and the Property Maintenance Code of New York State in the Town of Webster and shall establish powers, duties and responsibilities in connection therewith.
B. 
The provisions of this Code shall apply equally to new and existing conditions, except that existing conditions not in strict compliance with the terms of this Code shall be permitted to continue where the exceptions do not constitute a distinct hazard to life or property in the opinion of the Fire Marshal or Deputy Fire Marshal.
C. 
Whenever the Fire Marshal or duly authorized assistant deems that a violation, condition or situation as set forth in this Code constitutes a distinct hazard to life or public safety, said officer may remove the hazard and/or order the building or premises immediately closed to the public until said violation, condition or situation is corrected at the owner's expense.

§ 124-3 Administration.

A. 
There is hereby designated the position of Fire Marshal to administer and enforce the New York State Uniform Fire Prevention and Building Code and this article as it relates to fire prevention, control and investigation within the Town of Webster. The Fire Marshal shall report to the Commissioner of Public Works. The Fire Marshal shall be appointed from the appropriate civil service list upon the joint recommendation of the Commissioner of Public Works and the Webster Area Fire Council members.
B. 
The Town Board may appoint such Deputy Fire Marshals or other employees of the Fire Marshal's Office as it deems necessary for proper administration and enforcement of this article. Deputy Fire Marshals shall be appointed on the basis of their technical qualifications and fire service experience. Deputy Fire Marshals shall report to and be directly responsible to the Fire Marshal.
C. 
The Chiefs of the various Fire Departments may detail such members of their Fire Departments as inspectors as shall from time to time be necessary in the opinion of the Fire Marshal and upon his request therefor.
D. 
The Office of the Fire Marshal shall investigate the cause, origin and circumstances of every fire occurring in the municipality which is of suspicious nature or which involves loss of life or injury to persons or by which property has been destroyed or substantially damaged. Such investigation shall commence immediately following extinguishment of such fire with the approval of the fire officer in charge, and, if it appears that such fire is of suspicious origin, the Chief of the Fire Department shall be immediately notified of the facts. The Office of the Fire Marshal shall preserve immediately any physical evidence and shall notify the proper authorities in the collection of evidence and the prosecution of the case. The foregoing shall be without prejudice to the right directly and to turn over the evidence gathered at the scene of the fire to such authorities.
E. 
Every structure fire shall be reported to the Office of the Fire Marshal after the occurrence of the same as soon as practicable by the fire officer in charge. Furthermore, the Office of the Fire Marshal shall be notified upon the occurrence of a working fire as soon as possible.
F. 
A report of the Office of the Fire Marshal shall be made monthly and annually and transmitted to the Village Board, Town Board, Fire Commissioner and Chiefs of each district of the Town. It shall contain all proceedings under this Code, with such statistics as the Fire Marshal may wish to include therein. The Fire Marshal shall also recommend amendments to the Code which, in his judgment, shall be desirable. Itemized reports of complaints shall be kept separate, Village from Town.
G. 
In addition to the foregoing duties, the Fire Marshal shall perform such other duties as may be assigned by the Town Board of the Town of Webster from time to time.

§ 124-4 Rules and regulations.

A. 
The Webster Town Board 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 provisions of law.
B. 
The Town Clerk of the Town of Webster shall publish all rules and regulations at least 30 days prior to the effective date thereof in a newspaper of general circulation within the Town of Webster.

§ 124-5 Fire prevention permit procedures.

A. 
Upon payment of a fee as prescribed in the schedule of fees adopted by the Webster Town Board by resolution, from time to time, permits shall be issued by and bear the name and signature of the Fire Marshal or duly authorized agent of the Town of Webster and shall specify:
(1) 
The activity or operation for which the 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. 
Fire prevention permits shall not be transferable, and any change in activity, operation, location, ownership or use shall require a new permit.
C. 
Fire prevention 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. 
Fire prevention permits shall be obtained for the following:
(1) 
Acetylene generators: to operate an acetylene generator, 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 refurbishing 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 motion-picture film.
(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 gas or hydrogen gas.
(10) 
Cryogenic fluids: to store, handle or use any cryogenic fluids 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.
(12) 
Dust-producing uses: 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 potentially explosive dusts.
(13) 
Explosives, 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) 
Fireworks: for the public display of fireworks. See also § 124-12I.
(15) 
Flammable and combustible liquids:
(a) 
To store, handle or use flammable liquids in excess of 6 1/2 gallons inside any building or other occupancy or in excess of 60 gallons outside of any building. This shall not apply to:
[1] 
Liquids in the fuel tank of a motor vehicle, aircraft, portable or stationary engine, boat or portable heating plant.
[2] 
Paints, oils, varnishes or similar flammable mixtures when such liquids are stored for maintenance, painting or similar purposes.
(16) 
Flammable finishing: for spraying, coating or dipping operations utilizing flammable or combustible liquids.
(17) 
Fruit ripening: to conduct a fruit-ripening process using ethylene gas.
(18) 
Fumigation: to conduct outdoor fumigation or thermal insecticidal fogging operations.
(19) 
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 more than 1,000 pounds 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.
(20) 
Junkyards: to operate a junkyard.
(21) 
LP gas: for each installation of liquefied petroleum gas employing a container or an aggregate of interconnected containers of 500 gallons or more water capacity and for each permanent installment, 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.
(22) 
Lumberyards: to operate a lumberyard.
(23) 
Magnesium: for melting, casting, heat-treating, machining or grinding of more than 10 pounds of magnesium per working day.
(24) 
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.)
(25) 
Organic coatings: to perform organic coating operations utilizing more than one gallon of organic coating on any working day.
(26) 
Ovens and furnaces: to operate ovens and furnaces operating at approximately atmospheric pressures and temperatures not exceeding 1,400° F.
(27) 
Woodburning appliances: See § 124-12B.
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 permits for specific hazardous materials or operations shall not invalidate the remainder.
F. 
Location of permits. Permits shall be kept on 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 there has been misrepresentation or falsification of material facts in connection with the permit application or a condition of the permit.
H. 
Fire prevention permit fees. Whenever this Code provides or requires the issuance of a permit, application therefor shall be made to the Fire Marshal of the Town of Webster. Upon the filing for a permit, a fee in the amount per the fee schedule shall be paid to the Town Clerk of the Town of Webster.
I. 
All such permits as herein required shall be valid for a period as specified on the permit.

§ 124-6 Inspections.

A. 
The Office of the Fire Marshal of the Town of Webster shall conduct periodic inspections for all buildings and premises, except the interior of a single-family dwelling, for compliance with the provisions of the New York State Uniform Fire Prevention and Building Code and this article. Such inspections may be made at any reasonable time.
(1) 
Firesafety inspections of buildings or structures with areas of public assembly as defined in Part 606 of Title 9 of the Official Compilation of Codes, Rules and Regulations shall be performed at least once in every 12 months.
(2) 
Multiple dwellings consisting of three of more units, shall be inspected at least once in every 24 months.
(3) 
All other buildings, uses and occupancies, except one- and two-family dwellings, shall be inspected at least once every 36 months.
(4) 
An inspection of a building or dwelling unit shall be performed at any other time upon:
(a) 
The request of the owner or authorized agent;
(b) 
Receipt of a statement specifying the grounds upon which the complainant believes a violation of the Uniform Code or this article exists; or
(c) 
Other reasonable and reliable information that such a violation exists.
(5) 
Such inspection shall be performed by the Fire Marshal or his designee.
B. 
If entrance to make an inspection is refused or cannot be obtained, the Fire Marshal of the Town of Webster may apply for a warrant to make an inspection to any court of competent jurisdiction.
C. 
The Fire Marshal or Deputy Fire Marshal shall have the authority, pursuant to Article 150 of the Criminal Procedure Law, to issue an appearance ticket subscribed by him, directing a designated person to appear in a designated local criminal court at a designated future time in connection with the alleged commission of a designated violation of the Uniform Code, this article or any order made thereunder.

§ 124-7 Enforcement.

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 Uniform Code, this article and all orders notices, rules, regulations or determinations issued in connection therewith.
B. 
Whenever the Fire Marshal or Deputy Fire Marshal of the Town of Webster finds that there has been violation of the Uniform 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, shall provide a reasonable time limit for reinspection to determine compliance and shall state the time within which an appeal may be made.
D. 
Violation orders may be served by personal service, by mailing and by posting a copy thereof in a conspicuous place on the premises.
E. 
In case the owner, lessor, occupant or 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, an appearance ticket will be issued by the Fire Marshal or Deputy Fire Marshal.

§ 124-8 Penalties for offenses.

A. 
Failure to comply with any provisions of this article or a violation order shall be deemed a violation, and the violator shall be liable for a fine of not less than $150 or imprisonment for not more than 30 days, or both fine and imprisonment. Violations of the Uniform Code shall be subject to the remedies as contained in Article 18, Subdivision 2 of § 382 of the Executive Law. Each day such violation continues shall constitute a separate violation.
B. 
An action or proceeding in the name of the Town of Webster may be commenced in any court of competent jurisdiction to compel compliance with or restrain by injunction the violation of any provision of the Uniform Code, this article, rule or regulation adopted pursuant to this article or a violation order or to vacate the occupancy or building in the case of imminent danger to life or property. Such remedy shall be in addition to penalties otherwise prescribed by law.
C. 
Parking in fire lanes and near fire hydrants.
(1) 
In addition to the foregoing penalties, any vehicle or other obstruction found parked in a fire lane will be ticketed for a no-parking violation, removed or towed away and stored by or at the direction of any peace or law enforcement officer, Fire Marshal or Deputy Fire Marshal. Any such removal, towing or storage as therein provided may be performed by a private towing contractor, and any and all expenses related thereto shall be at the full responsibility of the owner or person entitled to possession of said vehicle or obstructing article.
(2) 
In addition, no person shall stop, stand or park a vehicle within 15 feet of a fire hydrant except when such vehicle is attended by a licensed operator or chauffeur who is seated in the front seat and who can immediately move such vehicle in case of emergency, unless a different distance is indicated by official signs, markings or parking meters.

§ 124-9 Records.

The Fire Marshal of the Town of Webster shall keep official records of all permits, inspection reports, recommendations, complaints, violation orders, investigations and any other documents deemed necessary.

§ 124-10 Removal of dangerous conditions.

All costs and expenses incurred by the Town of Webster in connection with any work done to remove the danger or in connection with the demolition and removal of any such building or structure shall be assessed against the land on which such building or structure is located, and a bill for such expenses shall be presented to the owner of the property, or, if the owner cannot be ascertained, then such bill shall be posted in a conspicuous place on the premises. Such assessment shall be and constitute a lien upon such land. If the owner shall fail to pay for such expenses within 10 days after the bill is presented or posted, a legal action may be brought to collect such assessment or to foreclose such lien. As an alternative to the maintenance of any such action, the Fire Marshal of the Town of Webster may file a certificate of the actual expenses incurred as aforesaid, together with a statement identifying the property in connection with which the expenses were incurred and the owner thereof, with the Assessor, who shall, in preparation of the next assessment roll, assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time and under the same penalties as provided by law for the collection and enforcement of real property taxes in the Town of Webster.

§ 124-11 Appeals.

A. 
The Webster Town Board is hereby designated as the hearing board for appeals in connection with this article. This Board shall be responsible for hearing and rendering decisions regarding appeals to this article.
B. 
Where a person seeks relief from a decision of the Fire Marshal enforcing provisions of this article, including permits, waivers, alternate materials, alternate methods, approvals or variances or matters of local law interpretations, that person may request reconsideration of the Fire Marshal's decision by appealing to the Webster Town Board in writing within 15 days of the Fire Marshal's decision. The appeal shall state the reasons why relief is sought and what decision the person feels should be forthcoming. A copy of the appeal shall be transmitted to the Office of the Fire Marshal. Upon giving not less than five business days' notice to the persons interested, a hearing shall be held. The Board may, after such hearing, by a majority vote, affirm, annul or modify the action of the Fire Marshal. The decision of the Board shall be in writing, and a copy shall be mailed to the appellant within seven business days after the conclusion of the hearing, and any decisions made shall be final. Further recourse shall be through established legal procedures.
C. 
The provisions of this article shall be applied to this article only. Any appeals seeking relief to the requirements and provisions of the New York State Uniform Fire Prevention and Building Code shall be transmitted to the appropriate Board of Review as described in 19 NYCRR 440.
D. 
The procedure set forth herein for appeals shall not prohibit the Fire Marshal from immediately removing a hazard or ordering the immediate closing of a building or premises until a violation of this article has been corrected when such hazard or existence of such violation constitutes, in the sole discretion of the Fire Marshal, a distinct hazard to life or public safety.

§ 124-12 Supplementary provisions.

A. 
Fire Department and emergency service access.
(1) 
Fire lanes in commercial and industrial districts shall be 30 feet in width.
(2) 
Fire lanes in multiple residential districts shall be 25 feet in width.
(3) 
Fire lanes in school areas shall be 20 feet in width.
(4) 
Fire lanes shall be clearly designated by approved markings on pavement or sign, or both. Signs shall be posted on both sides of designated fire lanes. The top of the sign shall be six feet from the ground.
(a) 
Signs in commercial areas shall be no more than 50 feet apart.
(b) 
Signs in residential areas shall be placed at a distance to be determined by the Fire Marshal.
(5) 
Signs shall read "No Parking -- Fire Lane" and shall have arrows pointing in the direction of the area designated to be the fire lane.
(6) 
All signs shall be stationary. Signs shall be 12 inches by 18 inches in size and have white background, red legend and three-inch letters.
(7) 
Pavement markings shall be no more than 50 feet apart and shall read "No Parking -- Fire Lane."
(8) 
Pavement markings shall be painted on the pavement to read in the direction of travel. If two-way traffic is maintained, every other marking shall be painted in the opposite direction.
(9) 
Pavement markings shall be painted on the pavement to the following specifications:
(a) 
All word markings are to be yellow in color.
(b) 
All word markings are to read up (i.e., the first word shall be nearest the driver).
(c) 
The elongated height of each letter shall be 26 inches.
(d) 
The width of each letter shall be 18 inches. The letter "I" is excluded from this requirement.
(e) 
The stroke of each letter shall be five inches.
(10) 
In addition, the operator of a motor vehicle shall not stop that vehicle within a fire lane, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in the loading and unloading of merchandise or passengers.
(11) 
The markings of fire lanes on private property devoted to public use shall be approved by the Fire Marshal, the Chief of Police, or both. Locations of signs shall be shown on final utility/grading plans submitted for approval.
(12) 
The owner or occupant of the property shall be required to post signs or pavement markings, or both, approved by the Fire Marshal, the Chief of Police, or both, and maintain them in good condition. Failure to replace or repair damaged, faded, rusted or obsolete signs or faded pavement markings within 30 days after written notice served by the Fire Marshal or Chief of Police shall constitute a violation under this article.
B. 
Heating systems and chimneys, flues and gas vents.
(1) 
Solid-fuel appliances.
(a) 
Definitions. As used in this subsection, the following terms shall have the meanings indicated:
SOLID-FUEL APPLIANCE
Any appliance intended for the burning of wood, pellets, corn, and coal, such as but not limited to freestanding fireplaces, airtight stoves, fireplace inserts, etc., except the standard masonry fireplace installed as a part of the original construction of a building.
(b) 
Permits required.
[1] 
A fire prevention permit is required prior to the installation of a solid-fuel appliance.
[2] 
Application for a fire prevention permit to the Fire Marshal shall include the location of the installation, the type of installation and the manufacturer, if available. A fire prevention permit shall be issued after approval of the application and payment of the fees.
(c) 
Inspection and approval is required for any installation of a solid-fuel appliance.
C. 
Fire-protection equipment and water supply.
(1) 
Fire Department connections for standpipe and sprinkler systems are to be maintained accessible at all times. No large shrubbery, fences or barriers of any type shall be placed within 10 feet of connections. This shall also apply to snow removal or plowing.
(2) 
The Fire Marshal shall approve hydrant locations, site of hydrants and water mains in new subdivisions, apartment projects, commercial and industrial areas and where new schools and churches are being constructed. Such approvals shall be in line with the following procedures:
(a) 
The Town Building Department or other appropriate officer is to furnish the Fire Marshal with maps or plans showing street and water main locations, together with other site information.
(b) 
The Fire Marshal will be allowed five days for review of plans, location of hydrants and water mains. The Fire Marshal's recommendations shall be plainly shown on the plans and signed by him. One complete copy of the plans shall be returned to the Fire Marshal upon final approval.
(3) 
Fire hydrants.
(a) 
Hydrants shall not exceed a maximum of 500 feet apart on each street in residential districts and shall be located at intersections whenever possible.
(b) 
Hydrants shall not exceed a maximum of 300 feet apart in commercial and industrial areas and shall be located so that all buildings can be reached by comparatively short hose lays from one or more hydrant.
(c) 
Hydrants must be installed and flow-tested before above-the-ground construction is commenced. The flow test shall comply with the specifications of the Insurance Services Office of New York to produce an "A" rating.
(d) 
Temporary exceptions may be made during construction by the Fire Marshal.
(e) 
No person shall place any object, including bushes, trees, flowers, posts, fences, etc., within 15 feet of any hydrant, except in emergency conditions with the approval of the Fire Marshal.
(f) 
All publicly owned fire hydrants shall be painted yellow. In addition, the two-and-one-half-inch caps shall be painted red for flows of less than 500 gpm. Water flows shall be determined in a manner approved by the Fire Marshal.
(g) 
All privately owned fire hydrants and water mains shall be installed, tested and maintained in accordance with the current edition of National Fire Protection Association (NFPA) 24 and NFPA 25. Hydrants shall be painted red. In addition, whenever a private hydrant or water main shall be cut out of service for repairs in excess of 24 hours, the Fire Marshal shall be notified. In the case of a hydrant being out of service, the hydrant shall be bagged or otherwise identified as being out of service.
(4) 
Sprinkler, standpipe and other fire-protection systems.
(a) 
Definitions. As used in this subsection, the following terms shall have the meanings indicated:
FIRE-PROTECTION SYSTEMS
Fire-protection systems include a range of products such as wet and dry fire sprinkler and standpipe systems, manual and automatic chemical- and foam-based fire-suppression systems, smoke/heat detectors, fire alarms, and their associated components. These help to detect sources of fire, warn the occupants of a building and attempt to extinguish the fire.
(b) 
The Fire Marshal shall be notified before any tests, repairs, alterations or additions are made to any fire-protection system that will reduce or impair the operation of the system while said work or testing is being done.
(c) 
A copy of the annual testing report shall be kept on the premises so that the same is available for examination.
(5) 
Fire-protection systems shall be approved by the Fire Marshal prior to installation.
D. 
Storage and handling of motor vehicle fuel.
(1) 
Portable containers for motor vehicle fuel shall be clearly marked with the name of the product contained. This marking shall have been applied to such container by the manufacturer of the same.
(2) 
Underground storage tanks containing gasoline, oil or other liquids that generate flammable vapor at normal temperature and having a maximum individual capacity of up to 15,000 gallons may be installed. The maximum aggregate capacity at the site shall not exceed 30,000 gallons total capacity. The maximum aggregate capacity may be increased upon written application to the Webster Town Board. All installations within the Town shall conform to the applicable federal, state and generally accepted referenced standards and other provisions approved by the Fire Marshal.
(3) 
The Fire Marshal or his designated representative is further authorized to order the owner or occupants of premises having flammable liquid storage tanks located thereon to have such tanks tested by methods prescribed by the Fire Marshal to determine if such tanks are leaking, if the Fire Marshal has reasonable belief that such tanks may contain a leak.
(4) 
Above-ground storage tanks of flammable liquids shall be prohibited.
(5) 
Underground storage tanks containing Class I liquids shall be prohibited in residential districts.
(6) 
No installation, alteration or replacement of underground or above-ground tanks, pumps, piping and other equipment relating to the storage of flammable liquids shall be commenced without first obtaining a permit therefor from the Fire Marshal.
(7) 
Noncompliance with the requirements of this article shall be sufficient cause for the suspension or revocation by the Fire Marshal of any permit issued hereunder in this article.
(8) 
Leaking tanks, pumps or piping shall be repaired or replaced immediately, and it shall be within the discretion of the Fire Marshal as to whether the station or facility must cease any and/or all operations while repairs or replacements are being made.
(9) 
There is to be no more than one gasoline tank truck delivering flammable liquids on the premises of a gasoline service facility at any one time. Before making any deliveries to underground tanks, the driver or other authorized person shall set the brakes of the truck and shall turn off the engine of the vehicle. Evertite™ or O.P.W. fill couplings or equivalent must be used when unloading flammable liquids from a tank truck to a storage tank. The driver shall remain at the point of delivery to prevent spillage and overflow.
(10) 
In the event of an accident spillage or leakage of a flammable liquid in quantities of five gallons or greater, whether or not it may enter sewers, the appropriate Fire Department and Fire Marshal shall be notified immediately.
(11) 
A minimum of five fifty-pound bags of absorbent or equivalent must be kept on the premises at all times for flammable liquid spills and should be used for this purpose whenever possible instead of flushing with water.
(12) 
All tanks containing flammable liquids must be tested weekly for water infiltration, and records shall be kept on the premises showing the date, hour and results of such tests. When any test shows water present in a flammable liquid, the Fire Marshal shall be immediately notified. Such water may not be removed until after notification of the Fire Marshal.
E. 
Dispensing of motor vehicle fuel.
(1) 
Dispensing devices for Class I and II flammable liquids shall be of the type approved by the Fire Marshal.
(2) 
Dispensing of Class I and II flammable liquids by persons other than the service attendant or supervisor shall be prohibited, except as set forth in Subsection E(3) below.
(3) 
Self-service stations.
(a) 
"Self-service stations" shall mean that portion of property where flammable and combustible liquids used as motor fuels are stored and subsequently dispensed from fixed approved dispensing equipment into the fuel tanks of motor vehicles by persons other than the service station attendant and can include facilities available for sale of other retail products.
(b) 
Approved dispensing devices, such as but not limited to coin-operated, card-operated and remote-controlled types, are permitted as self-service stations.
(c) 
Emergency controls specified in the provisions of the Uniform Code shall be installed at the location acceptable to the Fire Marshal, but controls shall not be more than 100 feet from the dispensers.
(d) 
All pump islands shall be protected against physical damage by the installation of pipe or post bumpers (eight inches minimum in diameter) in locations approved by the Fire Marshal.
(e) 
Gasoline self-service stations shall provide automatic fire-extinguishing systems installed in conformity with nationally recognized good practices. All systems shall contain overhead extinguisher protection and shall be approved by the Fire Marshal. Where a station has one self-service island with dispensing units within 30 feet of a full service island, both shall have an automatic fire-extinguishing system installed and approved by the Fire Marshal.
F. 
Tents and air-supported structures.
(1) 
Smoking shall be prohibited, and adequate signs shall be posted.
(2) 
Fire watchers shall be employed for crowds over 50 persons to enforce Subsection F(1) above and to maintain exit aisles.
(3) 
Safety provisions shall be provided for as requested by the Fire Marshal.
(4) 
Tents shall comply with the requirements of Chapter F24 of the Fire Code of New York.
G. 
Hazardous chemicals.
(1) 
The transportation of hazardous chemicals and other dangerous articles by motor vehicles shall comply with Department of Transportation regulations.
(2) 
Shipments whose origin and destination are outside the Town of Webster are confined to the use of state highways.
(3) 
Shipments of intratown nature (either originating in or destined to a Webster location) shall follow a route to be designated by the Fire Marshal.
H. 
Explosives, ammunition and blasting agents.
(1) 
The storage of explosives and blasting agents shall be prohibited within the boundaries of the Town of Webster.
(2) 
Establishment of motor vehicle routes for vehicles transporting explosives and blasting agents.
(a) 
Shipments whose origin and destination are outside the Town of Webster are confined to the use of state highways.
(b) 
Shipments of intratown nature (either originating in or destined to a Webster location) shall follow a route designated by the Fire Marshal.
I. 
Manufacture, sale and discharge of fireworks.
(1) 
The manufacture or storage of fireworks is prohibited within the Town of Webster.
(2) 
It shall be unlawful to explode any fireworks within the Town of Webster without a permit.
(3) 
The Fire Marshal may grant a permit for the supervised display of fireworks by municipalities, fair associations, amusement parks and other organizations or groups of individuals, provided that:
(a) 
Proper application is made, in writing, at least 30 days in advance of the date of display.
(b) 
The applicant shall furnish proper proof of financial responsibility for damage.
J. 
Street numbering of buildings.
(1) 
All occupancies within the Town of Webster shall be provided with street numbers to assist emergency personnel in locating the same. This shall apply but not be limited to all residential, commercial, industrial and private structures. Said numbers shall be assigned by the Town of Webster Assessor's Department.
(2) 
Numbers shall be four inches in height, Arabic style (lettering shall not be accepted) and shall be mounted in a secure fashion to the structure's front wall or to a porch or other fixed appurtenance in front of the structure in the vicinity of the main entryway or main path of travel leading to the main entrance from a public street or otherwise separately mounted in an approved manner upon the face of a wall or upon a post in the front yard of the premises.
(3) 
All street numbers shall be mounted at a height between four feet and 10 feet above the adjacent grade, street or exterior porch landing directly beneath, but never higher than 15 feet above the adjoining grade. They shall be legible as to contrasting background, arrangement, spacing, size and uniformity of the whole so that the numbers may be read with ease during daylight hours by a person possessing at least 20/40 vision as he or she views the numbers from the center line of the facing street and at an elevation of five feet above the finished surface thereof. Trees, shrubs or other obstructions shall not block said street numbers.
(4) 
All existing structures shall comply with the requirements of this subsection by January 1, 1991.
K. 
Key boxes.
(1) 
When access to or within a structure or an area is unduly difficult because of secured openings or where immediate access is necessary for life-saving or fire-fighting purposes, the Fire Marshal is authorized to require a locking key box to be installed in an accessible location. The key box shall be a type approved by the Fire Marshal and shall contain keys to gain necessary access as required by the Fire Marshal and the local fire department.
(2) 
Where electric or manually operated gates are used to limit and control entry onto a property or area, a key switch or padlock shall be used. The key switch or padlock shall be of a type approved by the Fire Marshal.
L. 
Open burning.
(1) 
All campfires, outdoor fireplaces, fires used solely for recreational purposes and approved agricultural burning shall be in accordance with the provisions of the Monroe County Sanitary Code, Article V, Section 7. In addition, the Fire Marshal and/or the Building Official may prohibit any and/or all open fires where atmospheric conditions or local circumstances make such fires a hazard and/or nuisance.
(2) 
All other forms of outdoor burning shall be prohibited unless approved by the Fire Marshal.
M. 
Residential sprinklers, one- and two-family dwellings.
(1) 
Where one- and two-family dwellings are located on properties that are served by municipal water supplies, such dwellings shall be located within 500 feet of a fire hydrant. Said distance shall be measured along the route normally driven by motor vehicles.
(2) 
Where said dwellings are located in excess of 500 feet from a hydrant, an approved residential sprinkler system shall be installed in accordance with the current edition of the referenced standard NFPA 13D, Installation of Sprinkler Systems in One- and Two-Family Dwellings and Manufactured Homes.
(3) 
In lieu of the above requirements, alternative methods (such as: stored water sprinkler systems, dry hydrant installations, etc.) may be submitted to the Fire Marshal and/or Building Official for approval.
(4) 
All new single-family construction located within the Town of Webster shall comply with the requirements of this subsection beginning September 16, 1996.
N. 
Operating permits.
(1) 
Operating permits shall be required for conducting the activities or using the categories of buildings listed below:
(a) 
Manufacturing, storing or handling hazardous materials in quantities exceeding those listed in Tables 2703.1.1(1), 2703.1.1(2), 2703.1.1(3) or 2703.1.1(4), of the Fire Code of New York State (see 19 NYCRR Part 1225);
(b) 
Hazardous processes and activities, including but not limited to commercial and industrial operations which produce combustible dust as a byproduct, fruit and crop ripening, and waste handling;
(c) 
Use of pyrotechnic devices in assembly occupancies;
(d) 
Buildings containing one or more areas of public assembly with an occupant load of 100 persons or more; and
(e) 
Buildings whose use or occupancy classification may pose a substantial potential hazard to public safety, as determined by the government or agency charged with or accountable for administration and enforcement of the Uniform Code.
(2) 
Parties who propose to undertake the types of activities or operate the types of buildings listed in Subsection N(1) of this section shall be required to obtain an operating permit prior to commencing such operation. An application for an operating permit shall contain sufficient information to permit a determination that quantities, materials, and activities conform to the requirements of the Uniform Code. Tests or reports necessary to verify conformance shall be required.
(3) 
An inspection of the premises shall be conducted prior to the issuance of an operating permit.
(4) 
A single operating permit may apply to more than one hazardous activity.
(5) 
Operating permits may remain in effect until reissued, renewed or revoked or may be issued for a specified period of time consistent with local conditions.
(6) 
Where activities do not comply with applicable provisions of the Uniform Code, an operating permit shall be revoked or suspended.