Village of Port Washington North, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Port Washington North by Ord. No. VII. Amendments noted where applicable.]
GENERAL REFERENCES
Fire limits — See Ch. 68, Art. III.
Explosives and firearms — See Ch. 89.
Sale of gasoline — See Ch. 102.
It is hereby declared and found that the regulation of fires, elimination of fire hazards, contamination of air from smoke, and the protection of property exposed to destruction by fire within the Village is necessary to the protection of the health and properties of the inhabitants of the Village and within the public interest.
Unless otherwise expressly provided herein or inconsistent in the context used, the following words shall have the meaning herein indicated:
BUILDING INSPECTOR
The Building Inspector of the Incorporated Village of Port Washington North.
[Added 6-5-2014 by L.L. No. 2-2014]
CARBON MONOXIDE DETECTOR
A device that has a sensor capable of detecting the presence of carbon monoxide and is equipped with a digital readout that can display carbon monoxide concentration levels when carbon monoxide is detected at or about the exposure limits established by National Fire Protection Association Section 720-2012 (NFPA 720-2012).
[Added 6-5-2014 by L.L. No. 2-2014]
OPEN FIRE
Any fire lighted and maintained, other than a fire in a stove, furnace, or incinerator designed and constructed for the burning of material.
PERSON
Any individual, partnership, unincorporated association, firm, corporation, organization or other entity.
PROTECTED FIRE
Any fire contained within a stove, furnace, incinerator or device that fully contains such fire and is so designed and constructed as to prevent the spreading of the fire or discharge of burning particles or materials into the atmosphere.
VILLAGE
The Village of Port Washington North.
A. 
It shall be unlawful for any person to light, permit, or maintain an open fire in or upon the streets, roads, highways, sidewalks or public places within the Village for any purpose.
B. 
It shall be unlawful for any person to light, permit, or maintain an open fire any place within the Village within 25 feet of any building or structure or within 10 feet of the property line where such fire is located on private property.
C. 
It shall be unlawful for any person to light, permit, or maintain any open fire permitted hereunder unless such fire is continuously attended and supervised by an adult or is contained within a metal container or receptacle so designed, constructed, and used to prevent the escape of burning particles or materials into the surrounding air.
A. 
It shall be unlawful to light, permit, or maintain a protected fire outside any building except as permitted in the following sections.
B. 
Where any protected fire is located outside a building, it shall be unlawful for any person to light, permit, or maintain such fire except under the following conditions:
(1) 
The stove, furnace, incinerator, or other device within which such fire is contained must be so designed and constructed as to be intended for such use and prevent the spreading of fire and the escape of burning particles or materials into the surrounding air.
(2) 
The area outside the building to be used for a protected fire shall be surfaced with gravel, cinders or cement, or similar incombustible material for a distance of at least 10 feet from each side of the device.
(3) 
Any stove, furnace or incinerator utilized for a protected fire shall not be larger than two feet in width and not more than five feet in height and shall be constructed of cast iron twelve-gauge steel or fire brick. The top of such device shall be equipped with a spark arrester having openings of not more than 3/4 inch.[1]
[1]
Editor's Note: Art. V of Ord. No. VII, Fire hazards, which originally followed this section, was repealed 4-14-2003 by L.L. No. 1-2003.
A. 
It shall be unlawful to light, permit, or maintain an open fire for the purpose of heating, melting or otherwise treating metal articles, goods, materials or products of any kind or nature, or for the purpose of reducing any articles, goods, materials or products combining both metal and any other substance to the bare metal.
B. 
It shall be unlawful to light, permit, or maintain an open fire any place within the Village in other than daylight hours.
C. 
It shall be unlawful to burn leaves, grass, weeds, or other vegetation on any area within the Village.
D. 
It shall be unlawful to deposit hot ashes, coals, greasy or oily substances, or any other materials liable to create spontaneous ignition, in other than covered metallic or other noncombustible receptacles. Such receptacles, unless resting on a noncombustible floor or on the ground, must be placed at least three feet away from any combustible structure or material.
E. 
It shall be unlawful to burn any material such as rubber goods, mattresses, paper goods, rubbish, vegetation, or any other material of any kind in such a manner that the surrounding air is polluted by smoke from such burning.
The provisions hereof do not apply to the maintenance and use of outdoor cooking facilities such as barbecue pits or fireplaces, whether such facilities are of a permanent or portable nature.
[Amended 4-14-2003 by L.L. No. 1-2003]
The violation of any provision of this chapter shall be deemed an offense against the chapter and shall be punishable by a fine not to exceed $250 and/or 15 days' imprisonment for each violation. Each day a violation occurs shall be considered a separate and distinct offense against this chapter.
[Added 6-5-2014 by L.L. No. 2-2014]
Any building that is used for an office, restaurant, take-out restaurant, entertainment, retail, house of worship, nursing home, assisted-living facility, industrial, manufacturing, educational or amusement purposes shall comply with the following provisions:
A. 
All existing buildings that have the uses described in Chapter 176, Zoning, that have appliances, devices or systems that may emit carbon monoxide shall have properly operational carbon monoxide detectors.
B. 
The installation and maintenance of such system shall be in full compliance with Article VIII, Carbon Monoxide Detection and Carbon Monoxide Detection Systems, of the Nassau County Fire Prevention Ordinance and regulations promulgated by the Nassau County Fire Marshal.
C. 
Carbon monoxide detectors shall be installed and positioned in accordance with the manufacturer's recommendations relative to all actual or potential carbon monoxide sources located at the premises, and on each floor.
D. 
No carbon monoxide detector shall be removed or disabled, except for service, repair or replacement.
All building owners and/or tenants that occupy said building for the uses enumerated in Chapter 176, Zoning, must provide a written certification to the Building Department that a properly functioning carbon monoxide detector has been installed pursuant to the requirements of this article.
The provisions herein described shall be enforceable by the Incorporated Village of Port Washington North, and failure of the Village to enforce any and all said regulations or provisions shall in no event be deemed a waiver of the right to do so.
Any violation of the provisions of this article shall be punishable as follows:
A. 
For conviction of a first offense, by a fine not less than $100 and not more than $250.
B. 
For conviction of the second of two offenses which were committed within a period of one year, by a fine not less than $250 and not more than $500.
C. 
For conviction of a third or any subsequent offense, all of which were committed within a period of one year, by a fine not less than $500 and not more than $1,000.
This article shall take effect upon filing with the Secretary of State, except that no violation of said article will be charged prior to January 1, 2015.
If any provision of this article or the rules and regulations promulgated hereunder or any directive, order or instruction given by anyone authorized to enforce this article shall be adjudged to be invalid by any court of competent jurisdiction, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the particular provision, rule or regulation involved.