There is hereby adopted by the Common Council of the City of Oneonta, of the County of Otsego and State of New York, for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, that certain code known as the "Fire Prevention Code" recommended by the American Insurance Association, being particularly the 1976 edition thereof, annexed hereto and made a part hereof, and from the effective date of this chapter the provisions thereof shall be controlling within the limits of the city, except such portions as are hereinafter deleted, modified or amended by § 126-13 of this chapter.
A.
The Fire Prevention Code shall be enforced by the
Chief of the Fire Department.
B.
The Chief of the Fire Department shall have the authority
to make inspections and otherwise enforce the Fire Prevention Code,
personally or by his duly authorized assistants.
C.
The Chief of the Fire Department may detail such members
of the Fire Department as inspectors as shall from time to time be
necessary. The Chief of the Fire Department shall recommend to the
Common Council the employment of technical inspectors whenever he
deems it necessary or appropriate.
D.
A report of the Chief of the Fire Department shall
be made annually and transmitted to the Common Council; it shall contain
all proceedings under the Fire Prevention Code, with such statistics
as the Chief of the Fire Department may wish to include therein; the
Chief of the Fire Department shall also recommend any amendments to
the Fire Prevention Code which, in his judgment, shall be desirable.
As used in this chapter, the following terms
shall have the meanings indicated:
The Chief of the Fire Department.
As used in the Fire Prevention Code, the City Attorney.
As used in the Fire Prevention Code, the City of Oneonta
of the County of Otsego and State of New York.
The limits of districts in which storage of
explosives and blasting agents is prohibited shall be established
as follows: all zoning districts except those districts classified
as industrial and subject to all other provisions contained in the
Code of the City of Oneonta.
A.
The limits referred to in § 16.22a of the
Fire Prevention Code, in which storage of flammable liquids in outside
aboveground tanks is prohibited, are hereby established as follows:
all zoning districts except those districts classified as industrial
and subject to all other provisions contained in the Code of the City
of Oneonta.
B.
The limits referred to in § 16.61 of the
Fire Prevention Code, in which new bulk plants for flammable or combustible
liquids are prohibited, are hereby established as follows: all zoning
districts except those districts classified as industrial and subject
to all other provisions contained in the Code of the City of Oneonta.
The limits referred to in § 21.6a
of the Fire Prevention Code, in which bulk storage of liquefied petroleum
gas in restricted, are hereby established as follows: all zoning districts
except those districts classified as industrial and subject to all
other provisions contained in the Code of the City of Oneonta.
The routes referred to in § 12.7m
of the Fire Prevention Code for vehicles transporting explosives and
blasting agents may be established by order of the Chief of the Fire
Department, subject to the provisions of Article 16 of the Labor Law
and any applicable rules and regulations of the State Board of Standards
and Appeals and the Industrial Commissioner of the State of New York.
The routes referred to in § 20.14
of the Fire Prevention Code for vehicles transporting hazardous chemicals
and other dangerous articles may be established by order of the Chief
of the Fire Department, subject to the rules and regulations promulgated
by the Department of Environmental Conservation pursuant to Environmental
Conservation Law § 37-0105.
The fire lanes referred to in § 28.16
of the Fire Prevention Code may be established by order of the Chief
of the Fire Department.
[Amended 12-4-2018 by Ord. No. 5-2018]
The Fire Prevention Code is amended and changed in the following
respects:
A.
Section 28.1 is amended to read as follows:
"Section 28.1 Outdoor fires.
a.
Outdoor fires prohibited; exceptions. No person shall kindle or maintain
any bonfire, rubbish fire, grass fire or any other outdoor fire unless
permitted by the Department of Environmental Conservation and upon
prior notification to the Fire Department.
b.
The Chief of the Fire Department, or his or her designee, may prohibit
any and all outdoor fires when atmospheric conditions or local circumstances
make such fires hazardous. In addition, the Fire Chief, or his or
her designee, may prohibit any outdoor fire of any type, and at any
time, within the City, regardless of its source, (including "residential
open fires" as defined herein), for any firesafety-related reason.
c.
Residential open fires.
1)
"Campfires" or fire pits shall be no greater than three feet in diameter,
surrounded by inflammable material such as stone, brick or concrete
blocks or be completely confined within a metal fire ring, and no
closer than 10 feet to any property line. At no time shall that type
of fire have flames higher than three feet. At all times while there
is any flame or embers at the fire site, it shall be constantly attended
until completely extinguished. A minimum of one portable fire extinguisher
or other extinguishing equipment as needed to completely extinguish
the fire needs to be present at all times.
2)
A fire at a residence for the cooking of food shall be allowed, but
only in a fireplace or other fireproof container or barbecue pit,
which shall not be located near or adjacent to any flammable material
or structures so as to cause a fire hazard.
3)
Chimineas, or other commercially manufactured or completely contained
gas-fired or wood-burning "fire pits" shall be located, installed,
used and maintained at all times in conformance with all manufacturer's
instructions and UL approved, if applicable. A minimum of one portable
fire extinguisher or other extinguishing equipment, as needed, to
completely extinguish the fire shall be present at all times.
d.
No treated wood, gasoline, paint or other building materials may
be burned in any fire within the City.
e.
These provisions may be enforced by the Police Department, the Fire
Department or Code Enforcement Department."
The Chief of the Fire Department shall have
the power to modify any of the provisions of the Fire Prevention Code
upon application in writing by the owner or lessee, or his duly authorized
agent, when there are practical difficulties in the way of carrying
out the strict letter of the code, provided that the spirit of the
code shall be observed, public safety secured and substantial justice
done. The particulars of such modification when granted or allowed
and the decision of the Chief of the Fire Department thereon shall
be entered upon the records of the department, and a signed copy shall
be furnished the applicant.
[Amended 2-16-1999 by L.L. No. 2-1999]
Whenever the Chief of the Fire Department shall
disapprove an application or refuse to grant a permit applied for,
or when it is claimed that the provisions of the Fire Prevention Code
do not apply or that the true intent and meaning of the Fire Prevention
Code have been misconstrued or wrongly interpreted, the applicant
may appeal from the decision of the Chief of the Fire Department to
the Common Council within 30 days from the date of the decision appealed.
A.
The Common Council shall act as a committee to determine
and specify, after giving affected persons an opportunity to be heard,
any new materials, processes or occupancies, which shall require permits,
in addition to those now enumerated in the Fire Prevention Code.
[Amended 2-16-1999 by L.L. No. 2-1999]
B.
The Chief of the Fire Department shall post such list
in a conspicuous place in his office and distribute copies thereof
to interested persons.
