Town/Village of East Rochester, NY
Monroe County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of East Rochester 3-8-1999 by L.L. No. 1-1999. Amendments noted where applicable.]
[Amended 12-11-2006 by L.L. No. 3-2006]
This article provides for the administration and enforcement of the New York State Uniform Fire Prevention and Building Code (the Uniform Code) and the State Energy Conservation Construction Code (the Energy Code) in this Town/Village of East Rochester. This article is adopted pursuant to § 10 of the Municipal Home Rule Law. Except as otherwise provided in the Uniform Code, other state law, or other section of this article, all buildings, structures, and premises, regardless of use or occupancy, are subject to the provisions of this article.
As used in this article, the following terms shall have the meanings indicated:
BUILDING PERMIT
A permit issued pursuant to § 67-4 of this article. The term "building permit" shall also include a building permit which is renewed, amended or extended pursuant to any provision of this article.
CERTIFICATE OF OCCUPANCY/CERTIFICATE OF COMPLIANCE
A certificate issued pursuant to § 67-7 of this article.
CODE ENFORCEMENT OFFICER
The Code Enforcement Officer appointed pursuant to § 67-3B of this article.
CODE ENFORCEMENT PERSONNEL
Shall include the Code Enforcement Officer and all inspectors.
COMPLIANCE ORDER
An order issued by the Code Enforcement Officer pursuant to § 67-10.5A of this article.
ENERGY CODE
The State Energy Conservation Construction Code, as currently in effect and as hereafter amended from time to time.
INSPECTOR
An inspector appointed pursuant to § 67-3D.
OPERATING PERMIT
A permit issued pursuant to § 67-10 of this article. The term "operating permit" shall also include an operating permit which is renewed, amended or extended pursuant to any provision of this article.
OWNER
The owner of record or any other person, persons, firm, corporation or entity in actual possession of or otherwise having charge, care or control of any property within the Town/Village, including, but not limited to, executor, administrator, trustee, guardian, heir, distributee or agent.
[Added 7-9-2012 by L.L. No. 3-2012]
PERMIT HOLDER
The person to whom a building permit has been issued.
PERSON
Shall include an individual, corporation, limited-liability company, partnership, limited partnership, business trust, estate, trust, association, or any other legal or commercial entity of any kind or description.
STOP-WORK ORDER
An order issued pursuant to § 67-6 of this article.
TEMPORARY CERTIFICATE
A certificate issued pursuant to § 67-7D of this article.
TOWN/VILLAGE
The Town/Village of East Rochester.
UNIFORM CODE
The New York State Uniform Fire Prevention and Building Code, as currently in effect and as hereafter amended from time to time.
A. 
The office of Code Enforcement Officer is hereby created. The Code Enforcement Officer shall administer and enforce all the provisions of the Uniform Code, the Energy Code and this article. The Code Enforcement Officer shall have the following powers and duties:
(1) 
To receive, review, and approve or disapprove applications for building permits, certificates of occupancy/certificates of compliance, temporary certificates and operating permits, and the plans, specifications and construction documents submitted with such applications;
(2) 
Upon approval of such applications, to issue building permits, certificates of occupancy/certificates of compliance, temporary certificates and operating permits, and to include in building permits, certificates of occupancy/certificates of compliance, temporary certificates and operating permits such terms and conditions as the Code Enforcement Officer may determine to be appropriate;
(3) 
To conduct construction inspections, inspections to be made prior to the issuance of certificates of occupancy/certificates of compliance, temporary certificates and operating permits, firesafety and property maintenance inspections, inspections incidental to the investigation of complaints, and all other inspections required or permitted under any provision of this article;
(4) 
To issue stop-work orders;
(5) 
To review and investigate complaints;
(6) 
To issue orders pursuant to § 67-10.5A of this article;
(7) 
To maintain records;
(8) 
To collect fees as set by the Board of Trustees of the Town/Village of East Rochester;
(9) 
To pursue administrative enforcement actions and proceedings;
(10) 
In consultation with the Town/Village of East Rochester's attorney, to pursue such legal actions and proceedings as may be necessary to enforce the Uniform Code, the Energy Code and this article, or to abate or correct conditions not in compliance with the Uniform Code, the Energy Code or this article; and
(11) 
To exercise all other powers and fulfill all other duties conferred upon the Code Enforcement Officer by this article.
B. 
The Code Enforcement Officer shall be appointed by the Mayor, subject to the approval of the Board of Trustees of the Town/Village of East Rochester. The Code Enforcement Officer shall possess background experience related to building construction or fire prevention and shall, within the time prescribed by law, obtain such basic training, in-service training, advanced in-service training and other training as the State of New York shall require for code enforcement personnel, and the Code Enforcement Officer shall obtain certification from the State Fire Administrator pursuant to the Executive Law and the regulations promulgated thereunder.
C. 
In the event that the Code Enforcement Officer is unable to serve as such for any reason, an individual shall be appointed by the Mayor, subject to the approval of the Board of Trustees of the Town/Village of East Rochester, to serve as Acting Code Enforcement Officer. The Acting Code Enforcement Officer shall, during the term of his or her appointment, exercise all powers and fulfill all duties conferred upon the Code Enforcement Officer by this article.
D. 
One or more inspectors may be appointed by the Mayor, subject to the approval of the Board of Trustees of the Town/Village of East Rochester, to act under the supervision and direction of the Code Enforcement Officer and to assist the Code Enforcement Office in the exercise of the powers and fulfillment of the duties conferred upon the Code Enforcement Officer by this article. Each inspector shall, within the time prescribed by law, obtain such basic training, in-service training, advanced in-service training and other training as the State of New York shall require for code enforcement personnel, and each inspector shall obtain certification from the State Fire Administrator pursuant to the Executive Law and the regulations promulgated thereunder.
E. 
The compensation for the Code Enforcement Officer and inspectors shall be fixed from time to time by the Board of Trustees of the Town/Village of East Rochester.
A. 
Building permits required. Except as otherwise provided in Subsection B of this section, a building permit shall be required for any work which must conform to the Uniform Code and/or the Energy Code, including, but not limited to, the construction, enlargement, alteration, improvement, removal, relocation or demolition of any building or structure or any portion thereof, and the installation of a solid-fuel-burning heating appliance, chimney or flue in any dwelling unit. No person shall commence any work for which a building permit is required without first having obtained a building permit from the Code Enforcement Officer.
B. 
Exemptions. No building permit shall be required for work in any of the following categories:
(1) 
Construction or installation of one-story detached structures associated with one- or two-family dwellings or multiple single-family dwellings (townhouses) which are used for tool and storage sheds, playhouses or similar uses, provided the gross floor area does not exceed 47 square feet and meets applicable setback requirements;
(2) 
Installation of swings and other playground equipment associated with a one- or two-family dwelling or multiple single-family dwellings (townhouses);
(3) 
Installation of swimming pools associated with a one- or two-family dwelling or multiple single-family dwellings (townhouses) where such pools are designed for a water depth of less than 24 inches and are installed entirely above ground;
(4) 
Construction of retaining walls unless such walls support a surcharge or impound Class I, II or IIIA liquids;
(5) 
Construction of temporary motion picture, television and theater stage sets and scenery;
(6) 
Installation of window awnings supported by an exterior wall of a one- or two-family dwelling or multiple single-family dwellings (townhouses);
(7) 
Installation of partitions or movable cases less than five feet nine inches in height;
(8) 
Painting, wallpapering, tiling, carpeting, or other similar finish work;
(9) 
Installation of listed portable electrical, plumbing, heating, ventilation or cooling equipment or appliances;
(10) 
Replacement of any equipment, provided the replacement does not alter the equipment's listing or render it inconsistent with the equipment's original specifications; or
(11) 
Repairs, provided that such repairs do not involve:
(a) 
The removal or cutting away of a load-bearing wall, partition, or portion thereof, or of any structural beam or load-bearing component;
(b) 
The removal or change of any required means of egress, or the rearrangement of parts of a structure in a manner which affects egress;
(c) 
The enlargement, alteration, replacement or relocation of any building system; or
(d) 
The removal from service of all or part of a fire protection system for any period of time.
C. 
Exemption not deemed authorization to perform noncompliant work. The exemption from the requirement to obtain a building permit for work in any category set forth in Subsection B of this section shall not be deemed an authorization for work to be performed in violation of the Uniform Code or the Energy Code.
D. 
Applications for building permits. Applications for a building permit shall be made in writing on a form provided by or otherwise acceptable to the Code Enforcement Officer. The application shall be signed by the owner of the property where the work is to be performed or an authorized agent of the owner. The application shall include such information as the Code Enforcement Officer deems sufficient to permit a determination by the Code Enforcement Officer that the intended work complies with all applicable requirements of the Uniform Code and the Energy Code. The application shall include or be accompanied by the following information and documentation:
(1) 
A description of the proposed work;
(2) 
The Tax Map number and the sired address of the premises where the work is to be performed;
(3) 
The occupancy classification of any affected building or structure;
(4) 
Where applicable, a statement of special inspections prepared in accordance with the provisions of the Uniform Code; and
(5) 
At least two sets of construction documents (drawings and/or specifications) which:
(a) 
Define the scope of the proposed work;
(b) 
Are prepared by a New York State registered architect or licensed professional engineer where so required by the Education Law;
(c) 
Indicate with sufficient clarity and detail the nature and extent of the work proposed;
(d) 
Substantiate that the proposed work will comply with the Uniform Code and the Energy Code; and
(e) 
Where applicable, include a site plan that shows any existing and proposed buildings and structures on the site, the location of any existing or proposed well or septic system, the location of the intended work, and the distances between the buildings and structures and the lot lines.
E. 
Construction documents. Construction documents will not be accepted as part of an application for a building permit unless they satisfy the requirements set forth in Subsection D(5) of this section. Construction documents which are accepted as part of the application for a building permit shall be marked as accepted by the Code Enforcement Officer in writing. One set of the accepted construction documents shall be retained by the Code Enforcement Officer, and one set of the accepted construction documents shall be returned to the applicant to be kept at the work site so as to be available for use by the code enforcement personnel. However, the return of a set of accepted construction documents to the applicant shall not be construed as authorization to commence work, nor as an indication that a building permit will be issued. Work shall not be commenced until and unless a building permit is issued.
F. 
Issuance of building permits. An application for a building permit shall be examined to ascertain whether the proposed work is in compliance with the applicable requirements of the Uniform Code and Energy Code. The Code Enforcement Officer shall issue a building permit if the proposed work is in compliance with the applicable requirements of the Uniform Code and Energy Code.
G. 
Building permits to be displayed. Building permits shall be visibly displayed at the work site and shall remain visible until the authorized work has been completed.
H. 
Work to be in accordance with construction documents. All work shall be performed in accordance with the construction documents which were submitted with and accepted as part of the application for the building permit. The building permit shall contain such a directive. The permit holder shall immediately notify the Code Enforcement Officer of any change occurring during the course of the work. The building permit shall contain such a directive. If the Code Enforcement Officer determines that such change warrants a new or amended building permit, such change shall not be made until and unless a new or amended building permit reflecting such change is issued.
I. 
Time limits. Building permits shall become invalid unless the authorized work is commenced within six months following the date of issuance. Building permits shall expire 12 months after the date of issuance. A building permit which has become invalid or which has expired pursuant to this subsection may be renewed upon application by the permit holder, payment of the applicable fee, and approval of the application by the Code Enforcement Officer.
J. 
Revocation or suspension of building permits. If the Code Enforcement Officer determines that a building permit was issued in error because of incorrect, inaccurate or incomplete information, or that the work for which a building permit was issued violates the Uniform Code or the Energy Code, the Code Enforcement Officer shall revoke the building permit or suspend the building permit until such time as the permit holder demonstrates that (1) all work then completed is in compliance with all applicable provisions of the Uniform Code and the Energy Code and (2) all work then proposed to be performed shall be in compliance with all applicable provisions of the Uniform Code and the Energy Code.
K. 
Fee. The fee specified in or determined in accordance with the provisions set forth in § 67-10.6, Fees, of this article must be paid at the time of submission of an application for a building permit, for an amended building permit, or for renewal of a building permit.
A. 
Work to remain accessible and exposed. Permitted work shall remain accessible and exposed until inspected and accepted by the Code Enforcement Officer or by an inspector authorized by the Code Enforcement Officer. The permit holder shall notify the Code Enforcement Officer when any element of work described in Subsection B of this section is ready for inspection.
B. 
Elements of work to be inspected, The following elements of the construction process shall be inspected, where applicable:
(1) 
Work site prior to the issuance of a building permit;
(2) 
Footing and foundation;
(3) 
Preparation for concrete slab;
(4) 
Framing;
(5) 
Building systems, including underground and rough-in;
(6) 
Fire-resistant construction;
(7) 
Fire-resistant penetrations;
(8) 
Solid-fuel-burning heating appliances, chimneys, flues or gas vents;
(9) 
Energy Code compliance; and
(10) 
A final inspection after all work authorized by the building permits has been completed.
C. 
Inspection results. After inspection, the work or a portion thereof shall be noted as satisfactory as completed, or the permit holder shall be notified as to where the work fails to comply with the Uniform Code or Energy Code. Work not in compliance with any applicable provision of the Uniform Code or Energy Code shall remain exposed until such work shall have been brought into compliance with all applicable provisions of the Uniform Code and the Energy Code, reinspected, and found satisfactory as completed.
D. 
Fee. The fee specified in or determined in accordance with the provisions set forth in § 67-10.6, Fees, of this article must be paid prior to or at the time of each inspection performed pursuant to this section.
A. 
Authority to issue. The Code Enforcement Officer is authorized to issue stop-work orders pursuant to this section. The Code Enforcement Officer shall issue a stop-work order to halt;
(1) 
Any work that is determined by the Code Enforcement Officer to be contrary to any applicable provision of the Uniform Code or Energy Code, without regard to whether such work is or is not work for which a building permit is required, and without regard to whether a building permit has or has not been issued for such work; or
(2) 
Any work that is being conducted in a dangerous or unsafe manner in the opinion of the Code Enforcement Officer, without regard to whether such work is or is not work for which a building permit is required, and without regard to whether a building permit has or has not been issued for such work; or
(3) 
Any work for which a building permit is required which is being performed without the required building permit, or under a building permit that has become invalid, has expired, or has been suspended or revoked.
B. 
Content of stop-work orders. Stop-work orders shall:
(1) 
Be in writing;
(2) 
Be dated and signed by the Code Enforcement Officer;
(3) 
State the reason or reasons for issuance; and
(4) 
If applicable, state the conditions which must be satisfied before work will be permitted to resume.
C. 
Service of stop-work orders. The Code Enforcement Officer shall cause the stop-work order, or a copy thereof, to be served on the owner of the affected property (and, if the owner is not the permit holder, on the permit holder) personally or by registered mail/certified mail. The Code Enforcement Officer shall be permitted, but not required, to cause the stop-work order, or a copy thereof, to be served on any builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any other person taking part or assisting in work affected by the stop-work order, personally or by registered mail/certified mail; provided, however, that failure to serve any person mentioned in this sentence shall not affect the efficacy of the stop-work order.
D. 
Effect of stop-work order. Upon the issuance of a stop-work order, the owner of the affected property, the permit holder and any other person performing, taking part in or assisting in the work shall immediately cease all work which is the subject of the stop-work order.
E. 
Remedy not exclusive. The issuance of a stop-work order shall not be the exclusive remedy available to address any event described in Subsection A of this section, and the authority to issue a stop-work order shall be in addition to, and not in substitution for or limitation of, the right and authority to pursue any other remedy or impose any other penalty under § 67-10.5, Enforcement; penalties for offenses, of this article or under any other applicable local law or state law. Any such other remedy or penalty may be pursued at any time, whether prior to, at the time of, or after the issuance of a stop-work order.
A. 
Certificates of occupancy/certificates of compliance required. A certificate of occupancy/certificate of compliance shall be required for any work which is the subject of a building permit and for all structures, buildings, or portions thereof which are converted from one use or occupancy classification or subclassification to another. Permission to use or occupy a building or structure, or portion thereof, for which a building permit was previously issued shall be granted only by issuance of a certificate of occupancy/certificate of compliance.
B. 
Issuance of certificates of occupancy/certificates of compliance. The Code Enforcement Officer shall issue a certificate of occupancy/certificate of compliance if the work which was the subject of the building permit was completed in accordance with all applicable provisions of the Uniform Code and Energy Code and, if applicable, the structure, building or portion thereof that was converted from one use or occupancy classification or subclassification to another complies with all applicable provisions of the Uniform Code and Energy Code. The Code Enforcement Officer or an inspector authorized by the Code Enforcement Officer shall inspect the building, structure or work prior to the issuance of a certificate of occupancy/certificate of compliance. In addition, where applicable, the following documents, prepared in accordance with the provisions of the Uniform Code by such persons or persons as may be designated by or otherwise acceptable to the Code Enforcement Officer, at the expense of the applicant for the certificate of occupancy/certificate of compliance, shall be provided to the Code Enforcement Officer prior to the issuance of the certificate of occupancy/certificate of compliance:
(1) 
A written statement of structural observations and/or a final report of special inspections; and
(2) 
Flood hazard certifications.
C. 
A certificate of occupancy/certificate of compliance shall contain the following information:
(1) 
The building permit number, if any;
(2) 
The date of issuance of the building permit, if any;
(3) 
The name, address and Tax Map number of the property;
(4) 
If the certificate of occupancy/certificate of compliance is not applicable to an entire structure, a description of that portion of the structure for which the certificate of occupancy/certificate of compliance is issued;
(5) 
The use and occupancy classification of the structure;
(6) 
The type of construction of the structure;
(7) 
The assembly occupancy load of the structure, if any;
(8) 
If an automatic sprinkler system is provided, a notation as to whether the sprinkler system is required;
(9) 
Any special conditions imposed in connection with the issuance of the building permit; and
(10) 
The signature of the Code Enforcement Officer issuing the certificate of occupancy/certificate of compliance and the date of issuance.
D. 
Temporary certificate. The Code Enforcement Officer shall be permitted to issue a temporary certificate allowing the temporary occupancy of a building or structure, or a portion thereof, prior to completion of the work which is the subject of a building permit. However, in no event shall the Code Enforcement Officer issue a temporary certificate unless the Code Enforcement Officer determines (1) that the building or structure, or the portion thereof covered by the temporary certificate, may be occupied safely, (2) that any fire- and smoke-detecting or fire protection equipment which has been installed is operational, and (3) that all required means of egress from the building or structure have been provided. The Code Enforcement Officer may include in a temporary certificate such terms and conditions as he or she deems necessary or appropriate to ensure safety or to further the purposes and intent of the Uniform Code. A temporary certificate shall be effective for a period of time, not to exceed six months, which shall be determined by the Code Enforcement Officer and specified in the temporary certificate. During the specified period of effectiveness of the temporary certificate, the permit holder shall undertake to bring the building or structure into full compliance with all applicable provisions of the Uniform Code and the Energy Code.
E. 
Revocation or suspension of certificates. If the Code Enforcement Officer determines that a certificate of occupancy/certificate of compliance or a temporary certificate was issued in error because of incorrect, inaccurate or incomplete information, and if the relevant deficiencies are not corrected to the satisfaction of the Code Enforcement Officer within such period of time as shall be specified by the Code Enforcement Officer, the Code Enforcement Officer shall revoke or suspend such certificate.
F. 
Fee. The fee specified in or determined in accordance with the provisions set forth in § 67-10.6, Fees, of this article must be paid at the time of submission of an application for a certificate of occupancy/certificate of compliance or for a temporary certificate.
The Chief of the Town/Village of East Rochester Fire Department providing fire-fighting services for a property within the Town/Village of East Rochester shall promptly notify the Code Enforcement Officer of any fire or explosion involving any structural damage, fuel-burning appliance, chimney or gas vent or unsafe building.
Unsafe buildings, structures and equipment in the Town/Village of East Rochester shall be identified and addressed in accordance with the procedures established by Chapters 70 and 173 of the Town/Village Code now in effect or as hereafter amended from time to time.
A. 
Operating permits required.
(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) in the publication entitled "Fire Code of New York State" and incorporated by reference in 19 NYCRR Section 1225.1;
(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 resolution adopted by the Board of Trustees of the Town/Village of East Rochester.
(2) 
Any person who proposes to undertake any activity or to operate any type of building listed in this Subsection A shall be required to obtain an operating permit prior to commencing such activity or operation.
B. 
Applications for operating permits. An application for an operating permit shall be in writing on a form provided by or otherwise acceptable to the Code Enforcement Officer. Such application shall include such information as the Code Enforcement Officer deems sufficient to permit a determination by the Code Enforcement Officer that quantities, materials, and activities conform to the requirements of the Uniform Code. If the Code Enforcement Officer determines that tests or reports are necessary to verify conformance, such tests or reports shall be performed or provided by such person or persons as may be designated by or otherwise acceptable to the Code Enforcement Officer, at the expense of the applicant.
C. 
Inspections. The Code Enforcement Officer or an inspector authorized by the Code Enforcement Officer shall inspect the subject premises prior to the issuance of an operating permit.
D. 
Multiple activities. In any circumstance in which more than one activity listed in Subsection A of this section is to be conducted at a location, the Code Enforcement Officer may require a separate operating permit for each such activity, or the Code Enforcement Officer may, in his or her discretion, issue a single operating permit to apply to all such activities.
E. 
Duration of operating permits. Operating permits shall be issued for such period of time, not to exceed one year in the case of any operating permit issued for an area of public assembly and not to exceed three years in any other case, as shall be determined by the Code Enforcement Officer to be consistent with local conditions. The effective period of each operating permit shall be specified in the operating permit. An operating permit may be reissued or renewed upon application to the Code Enforcement Officer, payment of the applicable fee, and approval of such application by the Code Enforcement Officer.
F. 
Revocation or suspension of operating permits. If the Code Enforcement Officer determines that any activity or building for which an operating permit was issued does not comply with any applicable provision of the Uniform Code, such operating permit shall be revoked or suspended.
G. 
Fee. The fee specified in or determined in accordance with the provisions set forth in § 67-10.6, Fees, of this article must be paid at the time of submission of an application for an operating permit, for an amended Operating Permit, or for reissue or renewal of an operating permit.
A. 
Inspections required. Firesafety and property maintenance inspections of buildings and structures shall be performed by the Code Enforcement Officer or an inspector designated by the Code Enforcement Officer at the following intervals:
(1) 
Firesafety and property maintenance inspections of buildings or structures which contain an area of public assembly shall be performed at least once every 12 months.
(2) 
Firesafety and property maintenance inspections of buildings or structures being occupied as dormitories shall be performed at least once every 12 months.
(3) 
Firesafety and property maintenance inspections of all multiple dwellings not included in Subsection A(1) or (2) of this subsection shall be performed consistent with local conditions and at least once every 36 months.
B. 
Inspections permitted. In addition to the inspections required by Subsection A of this section, a firesafety and property maintenance inspection of any building, structure, use, or occupancy, or of any dwelling unit, may also be performed by the Code Enforcement Officer or an inspector designated by the Code Enforcement Officer at any time upon: (1) the request of the owner of the property to be inspected or an authorized agent of such owner; (2) receipt by the Code Enforcement Officer of a written statement alleging that conditions or activities failing to comply with the Uniform Code or Energy Code exist; or (3) receipt by the Code Enforcement Officer of any other information, reasonably believed by the Code Enforcement Officer to be reliable, giving rise to reasonable cause to believe that conditions or activities failing to comply with the Uniform Code or Energy Code exist; provided, however, that nothing in this subsection shall be construed as permitting an inspection under any circumstances under which a court order or warrant permitting such inspection is required, unless such court order or warrant shall have been obtained.
C. 
OFPC inspections. Nothing in this section or in any other provision of this article shall supersede, limit or impair the powers, duties and responsibilities of the New York State Office of Fire Prevention and Control (OFPC) and the New York State Fire Administrator under Executive Law § 156-e and Education Law § 807-b. Notwithstanding any other provision of this section to the contrary:
(1) 
The Code Enforcement Officer shall not perform firesafety and property maintenance inspections of a building or structure which contains an area of public assembly if OFPC performs firesafety and property maintenance inspections of such building or structure at least once every 12 months;
(2) 
The Code Enforcement Officer shall not perform firesafety and property maintenance inspections of a building or structure occupied as a dormitory if OFPC performs firesafety and property maintenance inspections of such building or structure at least once every 12 months;
(3) 
The Code Enforcement Officer shall not perform firesafety and property maintenance inspections of a multiple dwelling not included in Subsection A(1) or (2) of this section if OFPC performs firesafety and property maintenance inspections of such multiple dwelling at intervals not exceeding the interval specified in Subsection A(3) of this section; and
(4) 
The Code Enforcement Officer shall not perform firesafety and property maintenance inspections of a nonresidential building, structure, use or occupancy not included in Subsection A(1) or (2) of of this section if OFPC performs firesafety and property maintenance inspections of such nonresidential building, structure, use or occupancy at intervals not exceeding the interval specified in Subsection A(3) of this section.
D. 
Fee. The fee specified in or determined in accordance with the provisions set forth in § 67-10.6, Fees, of this article must be paid prior to or at the time of each inspection performed pursuant to this section. This subsection shall not apply to inspections performed by OFPC.
The Code Enforcement Officer shall review and investigate complaints which allege or assert the existence of conditions or activities that fail to comply with the Uniform Code, the Energy Code, this article, or any other local law, ordinance or regulation adopted for administration and enforcement of the Uniform Code or the Energy Code. The process for responding to a complaint shall include such of the following steps as the Code Enforcement Officer may deem to be appropriate:
A. 
Performing an inspection of the conditions and/or activities alleged to be in violation, and documenting the results of such inspection;
B. 
If a violation is found to exist, providing the owner of the affected property and any other person who may be responsible for the violation with notice of the violation and opportunity to abate, correct or cure the violation, or otherwise proceeding in the manner described in § 67-10.5, Enforcement; penalties for offenses, of this article;
C. 
If appropriate, issuing a stop-work order;
D. 
If a violation which was found to exist is abated or corrected, performing an inspection to ensure that the violation has been abated or corrected, preparing a final written report reflecting such abatement or correction, and filing such report with the complaint.
A. 
The Code Enforcement Officer shall keep permanent official records of all transactions and activities conducted by all code enforcement personnel, including records of:
(1) 
All applications received, reviewed and approved or denied;
(2) 
All plans, specifications and construction documents approved;
(3) 
All building permits, certificates of occupancy/certificates of compliance, temporary certificates, stop-work orders, and operating permits issued;
(4) 
All inspections and tests performed;
(5) 
All statements and reports issued;
(6) 
All complaints received;
(7) 
All investigations conducted;
(8) 
All other features and activities specified in or contemplated by §§ 67-4 through 67-10.2, inclusive, of this article; and
(9) 
All fees charged and collected.
B. 
All such records shall be public records open for public inspection during normal business hours. All plans and records pertaining to buildings or structures, or appurtenances thereto, shall be retained for at least the minimum time period so required by state law and regulation.
A. 
The Code Enforcement Officer shall annually submit to the Board of Trustees of the Town/Village of East Rochester a written report and summary of all business conducted by the Code Enforcement Officer and the inspectors, including a report and summary of all transactions and activities described in § 67-10.3, Recordkeeping, of this article and a report and summary of all appeals or litigation pending or concluded.
B. 
The Code Enforcement Officer shall annually submit to the Secretary of State, on behalf of the Town/Village of East Rochester on a form prescribed by the Secretary of State, a report of the activities of this Town/Village of East Rochester relative to administration and enforcement of the Uniform Code.
C. 
The Code Enforcement Officer shall, upon request of the New York State Department of State, provide to the New York State Department of State, from the records and related materials the Town/Village of East Rochester is required to maintain, excerpts, summaries, tabulations, statistics and other information and accounts of the activities of the Town/Village of East Rochester in connection with administration and enforcement of the Uniform code.
A. 
Compliance orders. The Code Enforcement Officer is authorized to order in writing the remedying of any condition or activity found to exist in, on or about any building, structure, or premises in violation of the Uniform Code, the Energy Code, or this article. Upon finding that any such condition or activity exists, the Code Enforcement Officer shall issue a compliance order. The compliance order shall 1) be in writing; 2) be dated and signed by the Code Enforcement Officer, 3) specify the condition or activity that violates the Uniform Code, the Energy Code, or this article; 4) specify the provision or provisions of the Uniform Code, the Energy Code, or this article which is/are violated by the specified condition or activity; 5) specify the period of time which the Code Enforcement Officer deems to be reasonably necessary for achieving compliance; 6) direct that compliance be achieved within the specified period of time; and 7) state that an action or proceeding to compel compliance may be instituted if compliance is not achieved within the specified period of time. The Code Enforcement Officer shall cause the compliance order, or a copy thereof, to be served on the owner of the affected property personally or by first-class, registered mail/certified mail. The Code Enforcement Officer shall be permitted, but not required, to cause the compliance order, or a copy thereof, to be served on any builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any other person taking part or assisting in work being performed at the affected property, personally or by registered mail/certified mail; provided, however, that failure to serve any person mentioned in this sentence shall not affect the efficacy of the compliance order.
[Amended 7-9-2012 by L.L. No. 3-2012]
B. 
Appearance tickets. The Code Enforcement Officer and each inspector are authorized to issue appearance tickets for any violation of the Uniform Code or Energy Code.
C. 
Civil penalties. In addition to those penalties prescribed by state law, any person who violates any provision of the Uniform Code, the Energy Code or this article, or any term or condition of any building permit, certificate of occupancy/certificate of compliance temporary certificate, stop-work order, operating permit or other notice or order issued by the Code Enforcement Officer pursuant to any provision of this article shall be subject to a civil penalty of not more than $1,000 for each day or part thereof during which such violation continues. The civil penalties provided by this subsection shall be recoverable in an action instituted in the name of the Town/Village of East Rochester.
D. 
Injunctive relief. An action or proceeding may be instituted in the name of the Town/Village of East Rochester in a court of competent jurisdiction to prevent, restrain, enjoin, correct, or abate any violation of, or to enforce, any provision of the Uniform Code, the Energy Code, this article, or any term or condition of any building permit, certificate of occupancy/certificate of compliance, temporary certificate, stop-work order, operating permit, compliance order, or other notice or order issued by the Code Enforcement Officer pursuant to any provision of this article. In particular, but not by way of limitation, where the construction or use of a building or structure is in violation of any provision of the Uniform Code, the Energy Code, this article, or any stop-work order, compliance order or other order obtained under the Uniform Code, the Energy Code or this article, an action or proceeding may be commenced in the name of the Town/Village of East Rochester in the Supreme Court or in any other court having the requisite jurisdiction to obtain an order directing the removal of the building or structure or an abatement of the condition in violation of such provisions. No action or proceeding described in this subsection shall be commenced without the appropriate authorization from the Town/Village of East Rochester.
E. 
Remedies not exclusive. No remedy or penalty specified in this section shall be the exclusive remedy or penalty available to address any violation described in this section, and each remedy or penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the other remedies or penalties specified in this section, in § 67-6, Stop-work orders, of this article, in any other section of this article, or in any other applicable law. Any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any other remedy or penalty specified in this section, in § 67-6, Stop-work orders, of this article, in any other section of this article, or in any other applicable law. In particular, but not by way of limitation, each remedy and penalty specified in this section shall be in addition to, and not in substitution for or limitation of the penalties specified in Subdivision (2) of § 382 of the Executive Law, and any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any penalty specified in Subdivision (2) of § 382 of the Executive Law.
A fee schedule shall be established by resolution of the Board of Trustees of the Town/Village of East Rochester; such fee schedule may thereafter be amended from time to time by like resolution. The fees set forth in, or determined in accordance with, such fee schedule or amended fee schedule shall be charged and collected for the submission of applications, the issuance of building permits, amended building permits, renewed building permits, certificates of occupancy/certificates of compliance, temporary certificates, operating permits, firesafety and property maintenance inspections, and other actions of the Code Enforcement Officer described in or contemplated by this article.
The Board of Trustees of the Town/Village of East Rochester may, by resolution, enter into an agreement, in the name of the Town/Village of East Rochester with other governments to carry out the terms of this article, provided that such agreement does not violate any provision of the Uniform Code, the Energy Code, Part 1203 of Title 19 of the NYCRR, or any other applicable law.
A. 
This article shall provide the basic method for administration and enforcement of the State Uniform Fire Prevention and Building Code, Subchapter C, Fire Prevention, Parts 1150 through 1197, in the Town/Village of East Rochester and shall establish powers, duties and responsibilities in connection therewith.
B. 
The provisions of this article shall apply equally to new and existing conditions, except that existing conditions not in strict compliance with the terms of this article 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 Marshals.
C. 
Whenever the Fire Marshal or duly authorized assistant deems that a violation, condition or situation as set forth in this article 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.
A. 
The office and duties of Fire Marshal are hereby assumed by the Building Inspector. The Fire Marshal shall report directly to the Village Board and shall not be under the jurisdiction of any other village department. The Fire Marshal shall have such other duties as the Village Board may assign to him.
B. 
The Mayor of the Village of East Rochester may appoint such temporary technical investigators, inspectors or consultants as may be necessary, upon request of the Police Chief and Fire Marshal.
C. 
The Fire Marshal shall, when practicable or when requested by the Fire Chief or fire officer in charge, respond to all working fires within the Town/Village of East Rochester for the purpose of fire prevention.
D. 
The office of the Fire Marshal shall preserve immediately any physical evidence and shall immediately notify the Village of East Rochester Police Department to pursue the investigation of such matters and shall assist the Police Department in the prosecution of the case. The foregoing shall be without prejudice to the right of the Fire Chief or fire officer in charge to immediately notify the Police Department in accordance with § 204-d of the General Municipal Law and to turn over any evidence found at the fire scene to such authority.
Fire limits of the Village of East Rochester shall be bounded and described as follows:
Beginning at a point in the center line of Madison Street 90 feet northerly of the north line of Commercial Street to a point 90 feet easterly parallel to Commercial Street to a point 90 feet easterly of the east line of Main Street; thence northerly in a line parallel to Main Street to the center line of Maple Street; thence westerly along said center line of Main Street to a point 90 feet westerly of the west line of Main Street; thence southerly in a line parallel to Main Street to a point 90 feet northerly of the north line of Commercial Street; thence westerly in a line parallel to Commercial Street to the center line of Washington Street; thence southerly along the center line of Washington Street to a point 90 feet southerly of the south line of Commercial Street; thence easterly in a line parallel to Commercial Street to a point 90 feet westerly to the west line of Main Street; thence southerly in a line parallel to Main Street to the southwest corner of Lot No. 2 in Block No. 56; thence easterly along the south line of said Lot No. 2 in Block 56 and said line prolonged to the center of Main Street; thence northerly along the center line of Main Street to the point of intersection of said center line of Main Street with the center line prolonged of West and East Avenue; thence easterly in the center line prolonged to East Avenue and in the center line of said East Avenue to a point 90 feet easterly of the east line of Main Street; thence northerly in a line parallel to Main Street to a point 90 feet southerly of the south line of Commercial Street; thence easterly in a line parallel to Commercial Street to the center line of Madison Street; thence northerly along the center line of Madison Street to the place of beginning.
A. 
Upon payment of a fee as set from time to time by resolution of the Board of Trustees, a permit shall be issued by and bear the name and signature of the Fire Marshal 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. 
Permits shall not be transferable, and any change in activity, operation, location, ownership or use shall require a new permit.
C. 
Permits shall continue until revoked or for a period of time designated at the time of issuance. An extension of the permit time period may be granted, provided that a satisfactory reason can be shown for failure to start or complete the work or activity authorized within the required time.
D. 
Permits shall be obtained for the following:
(1) 
Flammable and combustible liquids.
(a) 
To store, handle or use flammable liquids in excess of 61/2 gallons inside dwellings; or in excess of 10 gallons inside any other building or other occupancy; or in excess of 60 gallons outside any building. This provision shall not apply to liquids in the tank of a motor vehicle, aircraft, portable or stationary engine, boat or portable heating plant or to paints, oil, varnishes or similar flammable mixtures when such liquids are stored for sale, painting, maintenance 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 a building. This provision shall not apply to fuel oil used in connection with oil-burning equipment.
(c) 
For the initial installation of an oil burner and 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.
(2) 
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 50 pounds of nitromethane; or 1,000 pounds or more of ammonium nitrate, ammonium nitrate fertilizer mixtures containing 60% or more ammonium or any other amount of toxic material or poisonous gas.
(b) 
To store, handle or use any quantity of air-reactive, water-reactive or unstable materials.
(3) 
Liquefied petroleum gas. For each installation of liquefied petroleum gas employing a container or aggregate of interconnected containers of 500 gallons' or more water capacity and for each permanent installation, irrespective of size of the containers, made at buildings in which 20 or more persons congregate for civic, political, social, educational, religious or recreational purposes. Installers shall maintain a record of all installations and of replacement of portable cylinders and have it available for inspection.
The Fire Marshal and Building Inspector 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 this article or any order made thereunder.
The Fire Marshal shall keep official records of all permits, inspection reports, recommendations, complaints and violation orders.
A. 
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. 
Whenever the Fire Marshal 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 Marshal 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. 
The Fire Marshal 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. Except for the owner, no person shall enter premises which have been ordered vacated unless authorized to perform investigations, repairs or inspections or to demolish and remove such building or structure or part thereof.
D. 
All costs and expenses incurred by the Village of East Rochester 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.
(1) 
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.
(2) 
As an alternative to the maintenance of any such action, the Fire Marshal 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/Village of East Rochester.
Supplementary administrative and enforcement procedures shall be as follows:
A. 
Fire Department and emergency service access.
(1) 
Fire lanes in commercial districts shall be 25 feet in width.
(2) 
Fire lanes in multiple residential districts shall be 25 feet in width.
(3) 
Fire lanes shall be clearly designated by approved markings on pavement or signs, or both.
(4) 
Signs shall be no more than 50 feet apart. Signs shall be posted on both sides of a designated fire lane. The top of a sign shall be six feet from the ground.
(5) 
Signs shall read "No Parking Fire Lane" and shall have arrows pointing in the direction of the area designated to be a fire lane.
(6) 
All signs shall be stationary. Signs shall be 12 inches by 18 inches in size, with a 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 shall be yellow in color.
(b) 
All word markings shall read up, i.e., the first word shall be nearest to 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) 
No person shall park, stand or stop a vehicle in a fire lane except to avoid conflict with other traffic or pedestrians or in obedience to directions of a police officer or stop sign.
(11) 
The markings of fire lanes on private property devoted to public use shall be approved by the Fire Marshal or the Chief of Police, or both.
(12) 
The owner or occupant of property shall be required to post signs or pavement markings, or both, approved by the Fire Marshal or 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 section.
B. 
Fire protection equipment; water supply.
(1) 
Residential districts.
(a) 
Hydrants shall not exceed a maximum of 500 feet apart on each street, in either direction, and shall be located at intersections whenever possible.
(b) 
Hydrants must be installed and flow tested before aboveground construction is commenced. The flow test shall comply with the specifications of the Insurance Services Office of the State of New York to produce an A rating.
(c) 
Temporary exceptions may be made during construction by the Fire Marshal.
(d) 
No person shall place any object, including bushes, trees, flowers, fences, etc., within 10 feet of any hydrant, except in emergency conditions with the approval of the Fire Marshal.
(2) 
Higher-density areas and commercial and industrial districts.
(a) 
Hydrants shall not exceed a maximum of 300 feet apart and shall be so located that all buildings can be reached by comparatively short hose lays from more than one hydrant.
(b) 
Hydrants must be installed and flow tested before aboveground construction is commenced. Flow tests shall comply with the specifications of the Insurance Services Office of the State of New York to produce an A rating.
(c) 
Temporary exceptions may be made by the Fire Marshal.
(d) 
No person shall place any object, including bushes, trees, flowers, fences, etc., within 10 feet of any hydrant, except in emergency conditions with the approval of the Fire Marshal.
C. 
Standpipe systems.
(1) 
Hose shall be checked once a year and inspection so noted.
(2) 
Valves (other than hose station) shall be secured in the open position by means of a chain and locks.
D. 
Fire alarm systems. Fire alarm systems shall be approved by the Fire Marshal prior to installation.
E. 
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 liquid that generates a flammable vapor at normal temperature and having a maximum individual capacity of up to 10,000 gallons may be installed. The maximum aggregate capacity at any site shall not exceed 24,000 gallons' total capacity.
(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) 
Aboveground storage tanks of flammable liquids shall be prohibited.
(5) 
Underground storage tanks containing Class I liquids shall be prohibited in residential districts.
(6) 
Installation or alteration permit. No installation, alteration or replacement of underground or aboveground 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 of the permit by the Fire Marshal.
(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 OPW fill couplings or equivalent must be used when unloading flammable liquids from the tank truck to the storage tank. The driver shall remain at the point of delivery to prevent spillage and overflow. In case of spillage or overflow, the Fire Department and the Fire Marshal shall be notified immediately.
(10) 
In the event of accidental spillage or leakage of a flammable liquid in quantities of five United States gallons or greater, whether or not it may enter sewers, the Fire Department and Fire Marshal shall be notified immediately.
(11) 
A minimum of five fifty-pound bags of absorbent 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 the flammable liquid, the Fire Marshal shall be notified immediately. Such water may not be removed until after notification of the Fire Marshal.
(13) 
Accurate daily inventory records shall be maintained and reconciled on all Class I liquids and diesel fuel storage tanks for indication of possible leakage from tanks or piping. The records shall be kept at the premises, available for inspection by the Fire Marshal, and shall include, as a minimum, records showing, by product, daily reconciliation between sales, use, receipts and inventory on hand. If there is more than one tank system for any one product, the reconciliation shall be maintained separately for each tank system.
F. 
Dispensing of motor vehicle fuel.
(1) 
Each service station open to the public shall have an attendant or supervisor on duty whenever the station is open for business.
(2) 
Dispensing devices for Class I or II flammable liquids shall be the type approved by the Fire Marshal.
(3) 
Dispensing of Class I or II flammable liquids by persons other than the service attendant or supervisor shall be prohibited, except as set forth in Subsection F(4) below.
(4) 
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 at self-service stations.
(c) 
All self-service stations shall have at least one attendant on duty while the station is open to the public. The attendant's primary function shall be to supervise, observe and control the dispensing of Class I liquids while said liquids are actually being dispensed.
(d) 
It shall be the responsibility of the attendant to prevent the dispensing of Class I liquids into unapproved portable containers, to control the source of ignition and to immediately handle accidental spills and fire extinguishers, if needed. The attendant or supervisor on duty shall be mentally and physically capable of performing the functions and assuming the responsibility prescribed in this section.
(e) 
Operating instructions shall be conspicuously posted in the dispensing area.
(f) 
The dispensing area at all times shall be in clear view of the attendant, and placing or allowing of any obstacle to come between the dispensing area and the attendant control area shall be prohibited. The attendant shall at all times be able to communicate with persons in the dispensing area.
(g) 
The hose nozzle value used at the self-service station for dispensing of Class I liquids shall be an approved automatic-closing type without a latch-open device.
(h) 
Warning signs shall be conspicuously posted in the dispensing area incorporating the following or equivalent wording: (1) WARNING -- IT IS UNLAWFUL AND DANGEROUS TO DISPENSE GASOLINE INTO UNAPPROVED CONTAINERS. (2) NO SMOKING. (3) STOP MOTOR DURING FUELING OPERATIONS.
A. 
A person owning, operating, occupying or maintaining property or premises within the scope of the Fire Prevention Code or this article shall comply with all the provisions of the Fire Prevention Code, this article and all other orders, rules, regulations or determinations issued in connection therewith.
B. 
Whenever the Fire Marshal finds that there has been a violation of the Fire Prevention 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 compliance and shall state the time within which an appeal may be taken.
D. 
Violation orders may be served by personal service; by mailing by registered or certified mail; by posting a copy thereof in a conspicuous place on the premises and mailing a copy thereof to the premises on the same day as posted, enclosed in a postpaid wrapper addressed to the person responsible; or by any other method of service as provided for in the Civil Practice Law and Rules.
E. 
In case the owner, lessor, occupant or the agent of any of them shall fail, neglect or refuse to remove, eliminate or abate the violation within the time specified in the violation order, an appearance ticket will be issued.
A. 
Failure to comply with any provision of the Fire Prevention Code, this article, any rules or regulations adopted pursuant to this article or a violation order shall be punishable as provided in § 67-10 of this chapter, and each day such violation continues shall constitute a separate violation.
B. 
An action or proceeding in the name of the Town/Village of East Rochester may commence in any court of competent jurisdiction to compel compliance with or restrain by injunction the violation of any provision of the Fire Prevention Code, this article, any 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. 
Vehicles left in fire lanes or too near fire hydrants.
(1) 
In addition to the foregoing penalties, any vehicle or other obstruction found standing, parked or left 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 police officer, the Fire Marshal or Deputy Fire Marshal. Any such removal, towing and storage as herein provided may be performed by a private towing contractor, and any and all expenses related thereto shall be the full responsibility of the owner or person entitled to possession of said vehicle or obstructing article.
(2) 
In addition to the foregoing penalties, any vehicle or other obstruction found standing, parked or left within 15 feet of a fire hydrant will be ticketed by any police officer, the Fire Marshal or Deputy Fire Marshal.