[Adopted 9-13-1976 by Ord. No. 7]
[Amended 9-25-1989 by Ord. No. 25-89]
There is hereby adopted by the City Council, 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, 1976 Edition," recommended by the American Insurance Association, save and except such portions as are hereinafter deleted, modified of amended by § 172-7, copies of which code have been filed and will remain on file in the office of the Clerk of the City, and the same are hereby adopted and incorporated as fully as if set out at length herein, and the provisions thereof shall be controlling within the limits of the City.
A. 
The Fire Prevention Code shall be enforced by the Bureau of Fire Prevention in the Fire Department of the City, which is hereby established and which shall be operated under the supervision of the Chief of the Fire Department.
B. 
The Chief of the Fire Department may detail such members of the Fire Department as necessary to be inspectors. The Chief of the Fire Department shall recommend to the City Manager the employment of technical inspectors and fire marshals whenever he shall deem their services necessary.
[Amended 5-23-1977]
C. 
The Fire Prevention Bureau, in addition to enforcing the Fire Prevention Code, shall have primary responsibility for enforcement of the Electrical Code, Chapter 155 of this Code, as adopted by the City of Newburgh.
[Amended 4-25-1977]
[Added 5-23-1977]
A. 
The duties of a fire marshal shall include all duties heretofore performed by fire inspectors and, in addition, shall include the duty of investigating into the origin, detail and management of fires in the City, particularly those fires in which arson is suspected.
B. 
In investigating fires in this City, fire marshals may question any person who may have knowledge of or about the origin thereof. To facilitate questioning, fire marshals may request, in writing or otherwise, the presence of the aforementioned persons at any location, including the offices of the Bureau of Fire Prevention.
C. 
Evidence of arson obtained in the course of an investigation pursuant to this section shall be reported to the Police Department and the District Attorney for any appropriate action. The report shall include any and all conclusions of the fire marshal conducting the investigation as to the presence of arson or other crime.
[Amended 11-10-1980 by Ord. No. 4; 11-10-1980 by Ord. No. 5]
The Fire Prevention Code is amended and changed in the following respects:
A. 
Section 1.5, Orders to Eliminate Dangerous or Hazardous Conditions, is hereby amended by adding the following thereto:
g.
In case there is, in the opinion of the Chief of the Bureau of Fire Prevention, actual and immediate danger of fire in a building or danger to the occupants because of a fire hazard, the Chief of the Bureau of Fire Prevention shall obtain the necessary funds from the City treasury and employ such labor and cause the necessary work to be done to render such building or structure or portion thereof temporarily safe, whether the procedure prescribed in this section has been instituted or not.
h.
The Corporation Counsel shall institute proper action against the owner of the premises for the recovery of costs incurred by the Chief of the Bureau of Fire Prevention in the performance of emergency work.
B. 
Section 1.9, Permits, is hereby amended by adding the following:
f.
Permits shall be required and issued by the Bureau of Fire Prevention for the following:
(1)
Installation of oil burners.
(2)
Installation of flammable liquid storage facilities.
(3)
Installation of liquefied petroleum gas storage facilities.
(4)
Blasting. All blasting permits shall be subject to the following:
[Amended 2-13-1996 by Ord. No. 4-96]
(a)
Submission of a bond in an amount and form deemed adequate in each case by the Bureau of Fire Prevention, which bond shall become available for the payment of any damages arising from the permitted blasting and submission of a policy of liability insurance with limits of liability deemed sufficient by the Bureau of Fire Prevention, which policy shall be issued by a company authorized to do business in the State of New York and which policy shall name the City of Newburgh as an additional insured.
(b)
Submission of a photocopy of the blasting license.
(c)
All blasting work is to be done in conformity with Section 1176 of the New York State Uniform Fire Prevention and Building Code and with all the requirements of law or ordinance.
(d)
No blasting materials will be permitted to be stored overnight at the blasting site.
(e)
All blasting operations shall be covered before any firing with a mat constructed so that it is capable of preventing fragments from being thrown unless special permission is obtained from the Chief of the Fire Department.
(f)
All precautions shall be taken to ensure the safety of persons and property. Only persons skilled in such work shall be employed.
(g)
Blasting shall be entirely at the contractor's or property owner's responsibility for any resultant damage.
(h)
The City of Newburgh Fire Prevention Bureau (phone 569-7405) shall be notified several hours in advance of any blasting operations.
(5)
Electrical work.
g.
All permits concerning installations or other work processes shall be in effect for 30 days unless otherwise specified.
h.
All fees enumerated in Chapter 163, Fees, of the Code of the City of Newburgh pertaining to the above work shall be paid to the City Clerk.
C. 
Article 1, General Provisions, is amended by adding thereto Section 1.14 to read as follows:
Section 1.14. Repair to Municipal Alarm System.
It shall be unlawful for any person to tamper in any way or perform any repair work on any section of the municipal alarm system or any devices connected thereto without first notifying Fire Department headquarters and obtaining permission for such work.
D. 
Section 3.4, Burning Operation, is deleted, and a new section is added as follows:
Section 3.4. Open Burning Operations Prohibited.
The open burning of wrecked or discarded automobiles or any parts thereof or junk or any waste materials is prohibited.
E. 
Section 11.2, Marking of Exitways, is amended by adding thereto the following:
c.
In every educational occupancy, the Chief of the Bureau of Fire Prevention may survey the premises and direct the installation of lighted exit signs and directional signs regardless of the number of occupants using the premises.
F. 
Section 14.3, Maintenance of Equipment, is amended by adding the following sentence: "In all occupancies where the interior alarm system is connected to the municipal fire alarm system, there should be posted in the immediate area of the control box a detailed set of instructions covering test, disconnect and restoration procedures."
G. 
Article 14, Fire Protection Equipment, is further amended by adding the following:
[Amended 9-25-1989 by Ord. No. 25-89]
Section 14.6. Connection of Private Fire Alarm Systems.
Owners of private alarm systems may, upon inspection and acceptance by the Chief of the Bureau of Fire Prevention connect into the municipal fire alarm system using proper equipment designated by the Superintendent of Fire Alarm. Owners of private fire equipment may elect, upon written request, to connect by other land lines to the Fire Department. This latter method will require an installation fee and a yearly maintenance fee.
Section 14.7. Fire Detectors Required.
All residential buildings built after the adoption date of this code and all existing buildings requiring alterations exceeding more than $1,000 in value shall have at least one fire detector placed between the sleeping areas and any other living areas. The detector shall be a UL- or FM-listed device capable of emitting an alarm in case of fire or smoke. All units shall have a means of testing.
Section 14.8. Fire Doors Required.
All existing residential apartment buildings containing three or more apartments or dwelling units, all existing residential occupancies containing three or more single-room occupancies, all existing residential hotels, all existing residential motels, all existing residential motor apartments, all existing residential dormitories and all those existing residential occupancies known as "bed and board" containing three or more rooms for rent shall be equipped as follows:
All doors between living units and corridors and/or doors between living units and exit stairs be self-closing. Self-closing devices shall be approved by the Chief of the Fire Department. These doors shall be equipped with a latch and closing device, approved by the Chief of the Fire Department, for keeping doors tightly closed.
All such doors as described above shall have a fire protection rating of at least 3/4 hour. All such doors shall be labeled by a nationally recognized testing laboratory such as Underwriters Laboratory. Such label shall state that the fire protection rating of the door is at least 3/4 hour. These doors do not require a labeled assembly, but address only the door. Such doors shall be constructed as to resist the passage of smoke.
Exception: Previously approved one-and-three-fourths-inch (four-and-four-tenths-centimeters) solid bonded wood-core doors may continue in use.
H. 
Section 15.22, Location of Spray Finishing Operations, is amended by adding the following: "All spraying operations of flammable liquids and finishes within a building or structure shall be conducted in an approved spray booth."
I. 
Section 16.14, Listed Tanks and Equipment, is amended to read as follows:
[Added 12-22-1980 by Ord. No. 2]
Section 16.14. Listed Tanks and Equipment.
Containers, tanks, equipment and apparatus listed by a nationally recognized testing agency shall be considered as meeting the requirements of this Article, provided that all tanks to be used for the storage of gasoline are listed as approved by the Underwriters' Laboratories, Inc., in addition to any other requirements imposed for such tanks by all applicable codes.
J. 
Section 16.20 is added to read as follows:
Section 16.20. Size of Storage Tanks for Class I Liquids Restricted.
Individual tanks for the storage of Class I flammable liquids are restricted to 10,000 gallons' capacity.
K. 
Section 16.21, Design and Construction of Tanks, Subsection a, is amended by the addition of the following Subsection (7):
[Added 12-22-1980 by Ord. No. 2]
(7)
Notwithstanding the foregoing, all tanks to be used for the storage of gasoline shall be either constructed of steel with an approved factory-applied fiberglass coating or shall be of an approved all-fiberglass construction.
L. 
Section 16.28 is hereby added to read as follows:
[Added 12-22-1980 by Ord. No. 2]
Section 16.28. Leaks-Detection System Required.
All tanks to be used for the storage of gasoline, installed after the effective date of this section, shall be equipped so as to provide for a system of leak detection. Said system shall be subject to the approval of and shall meet specifications to be adopted by the Chief of the Bureau of Fire Protection.
M. 
Section 16.61, Location of Plants, is hereby deleted and a new Section 16.61 substituted as follows:
Section 16.61. New Bulk Plants Prohibited.
No new bulk plants shall be constructed within the limits of the City.
N. 
Section 16.76d, Self-Service Stations, is deleted and the following is substituted, as a new section:
d.
Self-Service Stations.
(1)
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 stations attendants.
(2)
Special dispensing devices, such as but not limited to coin-operated and card-operated, for Class I flammable liquids are prohibited. The remote preset types are permitted at service stations, provided that there is at least one qualified attendant on duty while the station is open to the public.
(3)
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 the Class I liquids while said liquids are actually being dispensed. Only gasoline and oil and no other product shall be sold by that attendant. The attendant shall see that dispensers are operated only by persons of driving age.
(4)
It shall be the responsibility of the attendant to prevent the dispensing of Class I liquids into portable containers not in compliance with the provisions of Section 16.76b control sources of ignition and 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.
(5)
Emergency controls specified in the provisions of Section 16.73b shall be installed at a location acceptable to the Chief of the Bureau of Fire Prevention, but controls shall not be more than 100 feet from dispensers.
(6)
Operating instructions shall be conspicuously posted in the dispensing area.
(7)
The dispensing area shall at all times be in clear view of the attendant, and the 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. At all times while flammable or combustible liquids are being dispensed, the attendant shall remain within arms length distance of the remote control facility at the principal location. If it becomes necessary for the attendant to leave the remote control facility at the principal location, all pumps shall be deactivated. A voice communication system, such as but not limited to an intercom system, so as to allow direct voice communication at all times between the person dispensing flammable or combustible liquids and the attendant shall be required.
(8)
Hose nozzle valves used at a self-service station for the dispensing of Class I liquids shall be an approved automatic-closing type without a latch-open device.
(9)
Warning signs shall be conspicuously posted in the dispensing area, incorporating the following or equivalent wording:
(a)
WARNING — It is unlawful and dangerous to dispense gasoline into unapproved containers.
(b)
No Smoking.
(c)
Stop Motor.
(10)
Where an automatic UL-approved extinguishing system designed for application on flammable liquid fires and approved by the Chief has been installed at the dispensing areas and while such system is fully operational and where, in addition, video monitoring equipment enabling the attendant to observe the dispensing of Class I liquids is installed, which is approved by the Chief of the Fire Department, the requirements of Subsection (3) hereof relative to the attendant's primary function and relative to the prohibition of the sale of products other than gasoline and oil by the attendant shall not apply. In such case the attendant shall observe and control the dispensing of Class I liquids while said liquids are actually being dispensed but may also sell other products in addition to gasoline and oil.
O. 
Section 21.3, Permits and Reports of Installations, Subsection a, is amended by changing the water gallons' capacity required for a permit from 2,000 gallons to 100 gallons.
P. 
Section 24.4, Use of Approved Equipment, is amended to add the following sentence: "Oil-burning equipment shall be of approved type and shall be equipped with a switch to shut off the supply of electrical current and shall have such switch located in a remote location approved by the Chief of the Bureau of Fire Prevention and shall be plainly marked "Oil burner, Emergency." Unvented cooking stoves and unvented space heaters burning liquid fuel shall be prohibited.
The transportation of Class I and Class II flammable liquids and liquefied petroleum gases for purposes other than distribution within the City limits is hereby prohibited, except in the following areas:
A. 
On Mill Street between the City line and the northerly line of South Williams Street.
B. 
On Robinson Avenue, South Robinson Avenue and the area west thereof.
C. 
On Montgomery Street, north of LeRoy Place.
D. 
On LeRoy Place.
E. 
On North Street.
F. 
On North Plank Road.
The Chief of the Bureau of Fire Prevention shall have 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 Bureau of Fire Prevention thereon shall be entered upon the records of the Department, and a signed copy shall be furnished the applicant.
The City Manager, the Building Inspector and the Chief of the Fire Department 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 said code. The Chief of the Bureau of Fire Prevention shall post such list in a conspicuous place in his office and distribute copies thereof to interested persons.
Whenever the Chief of the Fire Department shall disapprove an application or refuse to grant a license or permit applied for or when it is claimed that the provisions of the code do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Chief of the Fire Department to the City Manager within 30 days from the date of the decision of the Chief.
[Amended 9-28-1998 by Ord. No. 12-98]
A. 
Any person who shall violate any of the provisions of this article or fail to comply therewith or who shall violate or fail to comply with any order made thereunder or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder or any certificate or permit issued thereunder and from which no appeal has been taken or who shall fail to comply with such an order as affirmed or modified by the City Manager or by a court of competent jurisdiction within the time fixed herein shall be punished as provided in § 1-12 for violation of this article of the Code of Ordinances of the City of Newburgh.
B. 
The imposition of one penalty for any violation shall not excuse the violation or permit it to continue, and all such persons shall be required to correct or remedy such violations or defects. Each day that prohibited conditions exist shall constitute a separate offense.
C. 
The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.
The Chief of the Bureau of Fire Prevention or any member of the Fire Department assigned as an inspector or assigned to duty with the Fire Prevention Bureau shall not be liable civilly for any acts done by him in the performance of his duties except for willful negligence.