This chapter shall provide the basic method for administration and enforcement of Chapter C of the New York State Uniform Fire Prevention and Building Code hereinafter referred to as the Uniform Code in the City of Lackawanna, and shall establish powers, duties and responsibilities in connection therewith.
This chapter shall hereafter be known and cited as the "Fire Prevention Ordinance of the City of Lackawanna."
The Fire Chief of the Fire Prevention Bureau is hereby designated as the enforcement officer to administer and enforce Chapter C of the Uniform Code and related provisions of Chapter 139, Housing Standards, of the City of Lackawanna Municipal Code within the City of Lackawanna. He or she may designate such officers or members of the Fire Prevention Bureau as he or she deems appropriate to assist him or her in the administration of Chapter C of the Uniform Code.
A. 
Adoption by Fire Chief. The Fire Chief of the City of Lackawanna may adopt rules and regulations for the administration and enforcement of Chapter C of the Uniform Code. Such rules and regulations shall not conflict with the Uniform Code, this chapter or any other provision of law.
B. 
Notice of adoption; filing. The Fire Chief shall publish a notice of adoption summarizing all rules and regulations upon adoption at least 10 days prior to the effective date thereof in the official newspaper of the City of Lackawanna and file a certified copy of same in the Office of the City Clerk on or before the date of publication.
A. 
Issuance. Upon payment of the fee as prescribed in the schedule of fees adopted by the Council, permits shall be issued by and bear the name and signature of the Fire Chief and shall specify:
(1) 
Activity or operation for which permit is issued.
(2) 
Address or location where activity or operation is to be conducted.
(3) 
Name and address of permittee.
(4) 
Permit number and date of issuance.
(5) 
Period of permit validity.
B. 
Nontransferable. Permits shall not be transferable and any change in activity, operation, location, ownership, or use shall require a new permit.
C. 
Indefinite term; limitations. 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 a satisfactory reason can be shown for failure to start or complete the work or activity authorized within the required time period.
D. 
Activities for which permits required. 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:
[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.
(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 not apply to fuel oil used in connection with oil burning equipment.
(c) 
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.
(d) 
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) 
Junkyards: To operate a junkyard.
(20) 
Liquefied petroleum gas:
(a) 
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.
(b) 
Installers shall maintain a record of all installations and replacement of portable cylinders, and have it available for inspection.
(21) 
Lumber yards: To operate a lumber yard.
(22) 
Magnesium: For melting, casting, heat treating, machining, or grinding of more than 10 pounds of magnesium per working day.
(23) 
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.)
(24) 
Organic coatings: To perform organic coating operations utilizing more than one gallon of organic coating on any working day.
(25) 
Ovens and furnaces: To operate industrial processing ovens and furnaces operating at approximately atmospheric pressures and temperatures not exceeding 1,400º 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.
(26) 
Places of assembly: To maintain, operate, or use a place of assembly.
(27) 
Service stations and repair garages: To operate a service station or repair garage.
(28) 
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.
(29) 
Combustible or flammable products. It shall be unlawful for any person or corporation to leave or store unattended any combustible or flammable products on public property or on City streets at any time.
E. 
Consolidated permits.
(1) 
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.
(2) 
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 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 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.
A. 
Periodic. The Fire Chief shall conduct periodic inspections for compliance with the provisions of the Uniform Code. Such inspections may be made at any reasonable time.
B. 
Refusal to admit; procedure. If entrance to make an inspection is refused or cannot be obtained, the Fire Chief may apply for a warrant to make an inspection to any court of competent jurisdiction.
A. 
Compliance with applicable laws. A person owning, operating, occupying or maintaining property or premises within the scope of the Uniform Code or this chapter shall comply with all the provisions of the Uniform Code, this chapter and all orders, notices, rules, regulations or determinations issued in connection therewith.
B. 
Issuance of violation order. Whenever the Fire Chief finds that there has been a violation of the Uniform Code, this chapter, or any rule or regulation adopted pursuant to this chapter, a violation order shall be issued to the person or persons responsible.
C. 
Violation orders; contents. 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 compliance, and shall state the time within which an appeal may be taken.
D. 
Service of violation orders. 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 day as posted, enclosed in a postpaid wrapper addressed to the person responsible.
E. 
Application to court. 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 City Attorney of the City of Lackawanna.
A. 
Failure to comply. Failure to comply with any provision of the Uniform Code, this chapter, rules or regulations adopted pursuant to this chapter, or a violation order shall be deemed a violation and the violator shall be liable for a fine of not more than $250, or imprisonment not to exceed 15 days, or both.
B. 
Injunctive relief. An action or proceeding in the name of the City of Lackawanna 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 chapter, rule or regulation adopted pursuant to this chapter, 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.
The Fire Chief shall keep official records of all permits, inspection reports, recommendations, complaints and violation orders.
A. 
Public nuisance. A building or structure or part thereof, which is an imminent danger to life and safety of the public as a result of a fire or explosion, is hereby declared to be a public nuisance.
B. 
Emergencies. Whenever the Fire Chief finds a building or structure, or part thereof, to be an imminent danger to life and safety of the public as a result of a fire or explosion, the Fire Chief may cause it to be demolished and removed or may cause work to be done in and about the building or structure as may be necessary to remove the danger.
C. 
Vacating premises.
(1) 
The Fire Chief may require the occupants of any such building or structure, or part thereof, to vacate the premises forthwith. No person shall use or occupy such building or structure, or part thereof, until it is made safe.
(2) 
Except for the owner, no person shall enter premises which have been ordered vacated unless authorized to perform inspections, repairs, or to demolish and remove such building or structure, or part thereof.
D. 
Procedures. The procedures set forth in Chapter 83 entitled "Buildings, Unsafe" of this Municipal Code shall be followed to effectuate removal or repair of unsafe buildings as a result of fire or explosion.
[1]
Editor's Note: See also Ch. 83, Unsafe Buildings.
The regional Board of Review established by the Secretary of State in Part 440 of Title 19 NYCRR shall exercise all powers and duties of reviewing any order or determination of the Fire Chief made or taken pursuant to this chapter.
[Added 12-15-1997]
A. 
As used in this section, any inconsistent provision of law notwithstanding, the following terms shall have the following meanings:
CITY OF LACKAWANNA
The City of Lackawanna having the power to and enforce the collection of taxes, special ad valorem levies, special assessments or other charges imposed upon real property by or on behalf of the City of Lackawanna.
COLLECTING OFFICER
The appointed officer for the City of Lackawanna authorized by law to receive and collect taxes, special ad valorem levies, special assessments or other municipal charges levied against real property located therein.
LIEN
Any lien, including liens for taxes, special ad valorem levies, special assessments and municipal charges arising by operation of law against property in favor of the City of Lackawanna.
REAL PROPERTY
Property upon which there is erected any residential, commercial or industrial building.
B. 
The City of Lackawanna is hereby authorized and empowered to claim against the proceeds of a policy of fire insurance insuring the interest of an owner and issued on real property located therein to the extent of any lien thereon which claim shall further constitute a lien against such proceeds and which shall, as to such proceeds, be prior to all other liens and claims except the claim of a mortgagee of record named in such policy.
C. 
The Director of Development and/or the Collecting Officer of the tax district shall cause a notice of intention to claim against proceeds to be served upon the state superintendent of insurance for entry in the index of liens maintained by him or her as provided in § 331 of the New York State Insurance Law. Further, the Director of Development and/or the Collecting Officer shall file a copy of the notice in the Office of the County Clerk of the County of Erie within five days after notifying the owner of the property. Such notice shall be filed by such Clerk in the same manner as a notice of pendency pursuant to Article 65 of the Civil Practice Law and Rules and shall have the same effect as a notice of pendency as therein provided. A notice so filed shall be effective for a period of one year from the date of filing; provided, however, that it may be vacated upon the order of a Judge or Justice of a court of record or upon the consent of the City Attorney of the City of Lackawanna. The Clerk of the County of Erie shall mark such notice and any record or docket thereof as canceled of record upon the presentation and filing of such consent or of a certified copy of such order.
D. 
The Collecting Officer for the City of Lackawanna shall render to any insurer the notice of claim against fire insurance proceeds filed with the Clerk of the County of Erie and the amounts stated in such notice shall be a lien on proceeds of the insurance policy until paid.
E. 
The provisions of this section shall not be deemed or construed to alter or impair the right of the City of Lackawanna to acquire or enforce any lien against property but shall be in addition to any other power provided by law to acquire or enforce such right.
[Added 2-22-2005 by L.L. No. 1-2005]
The City of Lackawanna is hereby prohibiting the use of pyrotechnics, explosive devices, and fireworks in any indoor place of public assembly. No permit to possess and display fireworks or pyrotechnics shall be issued by any local authority under any circumstances for indoor use in places of public assembly.