[Adopted 6-11-1974 as Subpart 1 1/2,
Div. 2, of the 1974 Code]
This article shall be known as the "Fire Law."
As used in this article, the following terms
shall mean or include:
The chief engineer of any fire district fire department in
the Town of Guilderland who has been duly nominated and appointed
pursuant to the provisions of either Subdivision 11-a or Subdivision
11-b of § 176 of the Town Law.
A written authorization permitting the performance of any
act for which a permit is required by this article, issued by a person
authorized or empowered by this article to so issue the same.
It shall be unlawful for any person or persons
to:
A.
Pile or accumulate combustible materials, rubbish,
woods, brush or waste material within 25 feet of any building or property
line
B.
Start any grass or brush fire without procuring a
permit therefor from the Chief Building Inspector and Zoning Coordinator
of the Town of Guilderland or such town official duly authorized and
appointed to perform the duties of such Chief Building Inspector and
Zoning Coordinator of the Town of Guilderland, or from such other
person as may be authorized to issue such a permit under the provisions
of this article and any agreements made hereunder as hereinafter provided.
C.
Burn rubbish or refuse without the attendance of one
or more persons over the age of 16 years throughout the period of
combustion.
E.
Ignite or cause the ignition of any fire between sunset
and sunrise.
F.
Burn leaves, dry grass or rubbish on any street, road,
highway or right-of-way in the Town of Guilderland.
G.
Operate a motor vehicle in such a way as to bring
it into contact with or to pass over a hose or other fire equipment
while in use in the extinguishment of any fire, unless so directed
by a fire chief, fire warden or fire officer in attendance at such
fire.
H.
Refuse or fail to obey or carry out any lawful direction
of a fire chief, fire warden, fire policeman or fireman, given or
made while engaged in the extinguishment of a fire.
I.
Prevent or obstruct the carrying out of lawful orders
of a fire chief or fireman in charge of the operations of a department
or fire company.
J.
Willfully give a false alarm of fire.
The Town Board of the Town of Guilderland hereby
determines and declares that in its judgment it is advisable for the
safety and welfare of the inhabitants of the several fire districts
in the Town of Guilderland that the issuance of town fire permits
under the provisions of this article, and preliminary investigations
in relation thereto, should be made by a person or persons most familiar
with local grass and brush fire hazard conditions in such fire district
and the availability of fire-fighting vehicles and firemen necessary
for the proper control and supervision thereof. The Town Board of
the Town of Guilderland may enter into an agreement or agreements
with the Board of Fire Commissioners of any fire district located
wholly or partly within the Town of Guilderland pursuant to the provisions
of § 139 of the Town Law providing for the issuance of such
permits and the making of preliminary investigations in relation thereto
on behalf of the Town of Guilderland by the fire district, such permit
and investigation to be limited to the area of such fire district
within the town. Any such agreement shall be for such period or time
and on such terms as may be agreed upon by and between the Town Board
of the Town of Guilderland and the Board of Fire Commissioners of
such fire district, and the agreement shall further comply with the
provisions of § 139 of the Town Law.
All doors of any public building, multiple dwelling
or building or structure used for manufacturing or for the conduct
of any business, commerce, profession or trade, whether wholesale
or retail, used for ingress or egress to and from such building, shall
open outward and shall in no way be blocked or otherwise encumbered.
All stairways of such buildings or structures shall be maintained
in good condition and shall not be littered or encumbered with boxes,
refuse or other combustible material of any nature. The owner or occupant
of a building wherein such material is littering, encumbering or blocking
any doorway, stairway or hallway shall remove the same and otherwise
abate any hazardous condition or conditions violating any provision
of this article or any building code operative within the Town of
Guilderland within a reasonable time after notice thereof and within
24 hours after the receipt of notice and demand for the removal or
abatement thereof, in writing.
The fire chief of any fire company, fire department,
fire district or fire-protection district in the Town of Guilderland
or any volunteer fireman thereof, duly deputized or otherwise authorized
by such chief to so act, is hereby authorized to enter any building
mentioned in the preceding section hereof for the purpose of making
any inspection or observation of the premises for the purpose of ensuring
compliance with this article.
Any violation of this article is hereby declared an offense and punishable by a penalty as set forth in Chapter 1, General Provisions, Article III, except that any violation of the provisions of § 171-3J shall be a misdemeanor and shall be punishable as provided in the Penal Law of the State of New York.
The provisions of this article shall be deemed
minimal requirements for the promotion of the public safety. Wherever
the requirements of this article vary with the requirements of any
other lawfully adopted rule, law, ordinance, regulation or resolution,
the most restrictive, or those requirements imposing the higher standards,
shall govern.
