[HISTORY: Adopted by the Board of Trustees
of the Village of Port Washington North by Ord. No. VII. Amendments
noted where applicable.]
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:
The Building Inspector of the Incorporated Village of Port
Washington North.
[Added 6-5-2014 by L.L.
No. 2-2014]
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]
Any fire lighted and maintained, other than a fire in a stove,
furnace, or incinerator designed and constructed for the burning of
material.
Any individual, partnership, unincorporated association,
firm, corporation, organization or other entity.
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.
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.
