[HISTORY: Adopted by the Town Board of the
Town of Greenport 12-27-1978 by L.L. No. 4-1978. Amendments noted
where applicable.]
This chapter shall provide the basic method
for administration and enforcement of the State Fire Prevention Code
in the Town of Greenport and shall establish powers, duties and responsibilities
in connection therewith.
The Fire Inspector appointed by the Town Board
is hereby designated to administer and enforce the State Fire Prevention
Code within the Town of Greenport.
A.
The Town Board may adopt rules and regulations for
the administration and enforcement of the State Fire Prevention Code.
Such rules and regulations shall not conflict with the State Fire
Prevention Code, this chapter or any other provision of law.
B.
The Town Board shall publish all rules and regulations
at least 10 days prior to the effective date thereof in a newspaper
of general circulation within the Town of Greenport.
A.
Upon payment of fees as prescribed in the schedule
of fees adopted by the Town Board, permits shall be issued by and
bear the name and signature of the Fire Inspector and shall specify:
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 in effect until revoked or
for the period of time designated at the time of issuance. An extension
of the permit time period may be granted provided that a satisfactory
reason can be shown for failure to start or complete the work or activity
authorized within the required time period.
D.
Permits shall be obtained for the following:
(1)
Acetylene generators: to operate an acetylene generator
having a calcium carbide capacity exceeding five pounds.
(2)
Automobile tire rebuilding plants: to operate an automobile
tire rebuilding plant.
(3)
Automobile wrecking yards: to operate an automobile
wrecking yard.
(4)
Bowling establishments: for bowling pin refinishing
and bowling lane resurfacing operations involving the use and application
of flammable or combustible liquids or materials.
(5)
Cellulose nitrate motion-picture film: to store, keep
or have on hand more than 25 pounds of cellulose nitrate motion-picture
film.
(6)
Cellulose nitrate plastics (pyroxylin):
(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.
(10)
Cryogens: to store, handle or use cryogenic fluids,
except cryogens used as a motor fuel and stored in motor vehicle tanks,
as follows:
(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.
(14)
Flammable and combustible liquids:
(a)
To store, handle or use flammable liquids in
excess of 6 1/2 gallons inside dwellings or in excess of 10 gallons
inside any other building or other occupancy or in excess of 60 gallons
outside of any building. This provision shall not apply to liquids
in the fuel tank of a motor vehicle, aircraft, portable or stationary
engine, boat or portable heating plant, nor to 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)
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 the processing, blending or refining of
flammable or combustible liquids.
(15)
Flammable finishes: 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 and 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 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: for each installation of
liquefied petroleum gas employing a container or an aggregate of interconnected
containers of over 2,000 gallons' water capacity, and for each permanent
installation, irrespective of size of containers, made at buildings
in which 20 or more persons congregate for civic, political, educational,
religious, social or recreational purposes. Installers shall maintain
a record of all installations and replacement of portable cylinders
and have it available for inspection.
(21)
Lumberyards: to operate a lumberyard.
(22)
Magnesium: for melting, casting, heat treating, machining
or grinding of more than 10 pounds of magnesium per working day.
(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.
E.
Consolidated permits. When more than one permit is
required for the same property or premises, a single permit may be
issued listing all materials or operations covered. Revocation of
a portion or portions of such consolidated permit, for specific hazardous
materials or operations, shall not invalidate the remainder.
F.
Location of permits. Permits shall be kept on property
or premises covered by the permit or shall be 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.
A.
The Fire Inspector shall conduct periodic inspections
for compliance with the provisions of the State Fire Prevention Code.
Such inspections may be made at any reasonable time.
B.
If entrance to make an inspection is refused or cannot
be obtained, the Fire Inspector may apply to any court of competent
jurisdiction for a warrant to make an inspection.
The Fire Inspector 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 the 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 Inspector finds a building or structure
or part thereof to be an imminent danger to the life and safety of
the public as a result of a fire or explosion, the Fire Inspector
may cause it to be demolished and removed or may cause such work to
be done in and about the building or structure as may be necessary
to remove the danger.
C.
The Fire Inspector 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 inspections or repairs or to demolish and remove such building
or structure or part thereof.
D.
All costs and expenses incurred by the Town of Greenport
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 Inspector 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 the 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 collection
and enforcement of real property taxes to the Town of Greenport.
A.
Where practical difficulties or unnecessary hardships
may result from enforcement of the strict letter of any provision
of the State Fire Prevention Code, applications for variance consistent
with the spirit of the code and not inconsistent with the requirements
of Subdivision 2, § 391, of Article 18-A of the Executive
Law may be made to and acted upon by the Town Planning Board, which
shall act as the Local Board of Review for said Town.
B.
The Fire Inspector shall obtain a copy of the Local
Review Board's decision for his record.
A.
A person owning, operating, occupying or maintaining
property or premises within the scope of the State Fire Prevention
Code or this chapter shall comply with all the provisions of the State
Fire Prevention Code, this chapter and all orders, notices, rules,
regulations or determinations issued in connection therewith.
B.
Whenever the Fire Inspector finds that there has been
a violation of the State Fire Prevention 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 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 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.
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 Town
Attorney of the Town of Greenport.
A.
Failure to comply with any provision of the State
Fire Prevention 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 exceeding 15 days, or both, and each day such
violation continues shall constitute a separate violation.
B.
An action or proceeding in the name of the Town of
Greenport may be commenced in any court of competent jurisdiction
to compel compliance with or restrain by injunction the violation
of any provision of the State Fire Prevention Code, this chapter or
a violation order, or to vacate the occupancy of a building in the
case of imminent danger to life or property. Such remedy shall be
in addition to penalties otherwise prescribed by law.
A.
A Board of Review is hereby established for the purpose
of granting variances where enforcement of any provision or requirement
of the State Fire Prevention Code results in practical difficulties
or unnecessary hardships. Any such variance shall be consistent with
the spirit of the code and shall not be inconsistent with Subdivision
2 of § 391 of the Executive Law.
B.
The Board of Review shall be composed of three persons,
to be appointed by the Town Board. The term of each member shall be
for three years or until his successor shall be appointed and qualifies.
The terms of the members of the Board shall be staggered; and, upon
initial appointment, the Supervisor shall designate the initial term
of each member. Subsequent appointments shall be for a full term,
except that an appointment to fill a vacancy shall be for the remainder
of the term of office. The Supervisor shall appoint a Chairman who
shall preside at all meetings.
C.
The Board of Review may adopt regulations governing
its procedures and appropriate forms for efficient administration.
D.
The Town Clerk and Building Inspector shall obtain
a copy of the Board of Review's decision for its records.
