[HISTORY: Adopted by the Town Board of the Town of Lloyd 11-14-2007 by L.L. No. 11-2007. Amendments noted where applicable.]
Building code administration — See Ch. 42.
Editor's Note: This local law also provided an effective date of 1-1-2008.
There is designated in the Town of Lloyd a public official to be known as the "Fire Inspector," who shall be appointed by the Town Board.
In conjunction with Chapter 42 of the Code of the Town of Lloyd, this chapter authorizes the Town Board to name a Fire Inspector to administer and enforce the State Uniform Fire Prevention and Building Code within the Town of Lloyd.
The Fire Inspector and the Building Inspector shall be authorized as code enforcement officers of the Town.
The Fire Inspector may adopt rules and regulations, approved by the Town Board, for the administration and enforcement of the New York State Uniform Fire Prevention and Building Code. Such rules and regulations shall not conflict with the New York State Uniform Fire Prevention and Building Code, this chapter or any other provision of law. (NOTE: A copy of the current rules and regulations for the enforcement of the New York State Uniform Fire Prevention and Building Code is on file in the office of the Fire Inspector.)
The Town shall adopt publish all rules and regulations at least 30 days prior to the effective date thereof by local law, as an appendix to the Town Code.
Permits shall be obtained for the following:
Acetylene generators: to operate an acetylene generator having a calcium carbide capacity exceeding five pounds.
Automobile tire rebuilding plants: to operate an automobile tire rebuilding plant.
Automobile wrecking yards: to operate an automobile wrecking yard.
Bowling establishments for bowling pin refinishing and bowling lane resurfacing operations involving the use and application of flammable or combustible liquids or materials.
Cellulose nitrate motion-picture film: to store, keep or have on hand more than 25 pounds of cellulose nitrate motion-picture film.
Cellulose nitrate plastics (pyroxylin):
Combustible fibers: to store, handle or use combustible fibers in quantities in excess of 100 cubic feet, except agricultural products on a farm.
Combustible materials: to store combustible materials, including but not limited to empty combustible packing cases, boxes, barrels or similar containers, rubber tires, baled cotton, rubber, cork or other similar materials in excess of 2,500 cubic feet gross volume, on any premises.
Cryogens: to store, handle or use cryogenic fluids, except cryogens used as a motor fuel and stored in motor vehicle tanks, as follows:
Dry-cleaning plants to use in excess of four gallons of solvents or cleaning agents classified as flammable or combustible.
Dust-producing plants to operate any grain elevator flour, starch or feed mill; wood-working plant or plant pulverizing aluminum, coal, cocoa, plastics, magnesium, spices, sugar, sulfur or other materials producing explosive-potential dust.
Flammable and combustible liquids:
To store, handle or use flammable liquids in excess of 6 1/2 gallons inside dwellings or in excess of 10 gallons inside any other building or other occupancy or in excess of 60 gallons outside of any building. This provision shall not apply to liquids in the fuel tank of a motor vehicle, aircraft or portable or stationary engine, boat or portable heating plant; or paints, oils, varnishes or similar flammable mixtures when such liquids are stored for maintenance, painting or similar purposes.
To store, handle or use combustible liquids in excess of 25 gallons inside a building or in excess of 60 gallons outside of a building. This provision shall not apply to fuel oil used in connection with oil-burning equipment.
A permit shall be obtained for the initial installation of an oil burner and a fuel-oil tank used in connection therewith. A permit shall be required for the replacement of a fuel-oil tank connected to an oil burner.
For processing, blending or refining of flammable or combustible liquids.
Flammable finishing: for spraying, coating or dipping operations utilizing flammable or combustible liquids.
Fruit-ripening process: to conduct a fruit-ripening process using ethylene gas.
Fumigation and thermal insecticidal fogging: to conduct fumigation or thermal insecticidal fogging operations.
To store, handle or use more than 55 gallons of corrosive liquids or more than 50 pounds of oxidizing materials or more than 10 pounds of organic peroxides or more than 50 pounds of nitromethane or 1,000 pounds or more of ammonium nitrate, ammonium nitrate fertilizers and fertilizer mixtures containing 60% or more of ammonium or any amount of toxic material or poisonous gas.
To store, handle or use any quantity of air-reactive, water-reactive or unstable materials.
Junkyards: to operate a junkyard.
Liquefied petroleum gas: for each installation of liquefied petroleum gas employing a container or an aggregate of interconnected containers of over 2,000 gallons' water capacity and for each permanent installation, irrespective of size of containers, made at buildings in which 20 or more persons congregate for civic, political, educational, religious, social or recreational purposes. Installers shall maintain a record of all installations and replacements of portable cylinders and shall have it available for inspection.
Lumberyards: to operate a lumber storage yard.
Magnesium: for melting, casting, heat-treating, machining or grinding of more than 10 pounds of magnesium per working day.
Organic coatings: to perform organic coating operations utilizing more than one gallon of organic coating on any working day.
Ovens and furnaces: to operate industrial processing ovens and furnaces operating at approximately atmospheric pressures and temperatures not exceeding 1,400° F. which are heated with oil or gas fuel or which, during operation, contain flammable vapors from the material in the oven or catalytic combustion system.
Places of assembly: to maintain, operate or use a place of assembly.
Service stations and repair garages: to operate a service station or repair garage.
Welding and cutting: to operate a welding and cutting business. A record of all locations where welding or cutting operations are performed shall be maintained and kept available for inspection by the permit holder.
All facilities classified as I1, I2, I3, and I4 occupancies as classified by the New York State Uniform Fire Prevention and Building Code. The classification is subdivided into groups according to the movement of the occupants and includes but is not limited to the following:
I1: for structures housing more than 16 persons, on a twenty-four-hour basis, who because of age, mental disability or other reasons, live in a supervised residential environment that provides personal care services. This group shall include, but not be limited to the following: residential board and care facilities, assisted-living facilities, half-way houses, group homes, congregate care facilities, social rehabilitation facilities, alcohol and drug centers and convalescent facilities.
I2: for structures that include, but not be limited to, the following uses: medical, surgical, nursing or custodial care on a twenty-four-hour basis of more than five persons who are not capable of self-preservation. This group shall include, but not be limited to the following: hospitals, nursing homes (both intermediate care facilities and skilled nursing facilities), mental hospitals and detoxification facilities.
I3: structures where the occupants are under restraint or security who are incapable of self-preservation due to the restraint or security measures not under the occupant's control.
I4: Day-care facilities.
For the installation of gas furnaces, woodstoves and fireplaces in any building.
Permits shall not be transferable, and any change in activity, operation, location, ownership or use shall require a new permit.
Permits shall continue for one year or for a period of time designated at the time of issuance. An extension of the permit time period may be granted, provided that a satisfactory reason can be shown for failure to start or complete the work or activity authorized within the required time period.
Upon payment of a fee as prescribed in a schedule of fees adopted by the Fire Inspector and approved by the Town Board, permits shall be issued by the Fire Inspector and shall bear the name and signature of said Fire Inspector and shall specify:
Consolidated permits. When more than one permit is required for the same property or premises, a single permit may be issued listing all materials or operations covered. Revocation of a portion or portions of such consolidated permit, for specific hazardous materials or operations, shall not invalidate the remainder.
Location of permits. Permits shall be kept on the property or premises covered by the permit or carried by the permit holder.
Revocation of permits. Permits may be suspended or revoked when it is determined that there is a violation of a condition under which the permit was issued or that there has been misrepresentation or falsification of material facts in connection with the permit application or a condition of the permit.
Fees shall be as prescribed by the current fee schedule as adopted by the Town Board.
All buildings constructed after the effective date of this chapter shall have installed electric-wired smoke detectors on all occupied levels prior to the issuance of a certificate of occupancy. In buildings existing as of the effective date of this chapter, battery-operated smoke detectors shall be installed on all occupied levels.
The Fire Inspector shall conduct periodic inspections for compliance with the provisions of the New York State Uniform Fire Prevention and Building Code. Such inspections may be made at any reasonable time.
If entrance to make an inspection is refused or cannot be obtained, the Fire Inspector may apply for a warrant to make an inspection to any court of competent jurisdiction.
A person owning, operating, occupying or maintaining property or premises within the scope of the New York State Uniform Fire Prevention and Building Code or this chapter shall comply with all the provisions of the New York State Uniform Fire Prevention and Building Code, this chapter and all orders, notices, rules, regulations or determinations issued in connection therewith.
Whenever the Fire Inspector finds that there has been a violation of the New York State Uniform Fire Prevention and Building Code, this chapter or any rule or regulation adopted pursuant to this chapter, a violation order shall be issued to the person or persons responsible.
Violation orders shall be in writing, shall identify the property or premises and shall specify the violation and remedial action to be taken.
Violation orders may be served by personal service, by mailing by certified mail or by posting a copy thereof in a conspicuous place on the premises and by mailing a copy thereof to the premises on the same day as posted, enclosed in a postpaid wrapper addressed to the person responsible.
In case the owner, lessor, occupant or the agent of any of them shall fail, neglect or refuse to remove, eliminate or abate the violation, a request to take appropriate legal action shall be made to the Town Board of the Town of Lloyd. Where, in the opinion of the inspecting authority, such violation is deemed to be a clear and present danger to life, and such danger is confirmed by the Town Building Inspector and/or Town Fire Inspector, any appropriate and necessary action may be taken forthwith to restrain, correct or abate the violation, and such remedy shall be in addition to penalties otherwise prescribed by law.
Failure to comply with any provision of the New York State Uniform Fire Prevention and Building Code, this chapter, rules or regulations adopted pursuant to this chapter or a violation order shall be deemed a violation, and the violator shall be liable for a fine of not more than $250 or imprisonment not to exceed 15 days, or both, and each day such violation continues shall constitute a separate violation.
An action or proceeding in the name of the Town of Lloyd may be commenced in any court of competent jurisdiction to compel compliance with, or restrain by injunction, the violation of any provision of the New York State Uniform Fire Prevention and Building Code, this chapter, rules or regulations adopted pursuant to this chapter or a violation order or to vacate the occupancy or building in the case of imminent danger to life or property. Such remedy shall be in addition to penalties otherwise prescribed by law.
The Fire Inspector shall keep official records of all permits, inspection reports, recommendations, complaints and violation orders.
It is the purpose of this article to protect and promote the health, safety and general welfare of the residents of the Town of Lloyd by reducing the number of avoidable alarms to emergency agencies. Avoidable alarms contribute to ineffective utilization of public safety manpower and equipment. In addition, avoidable alarms require emergency responses which may contribute to a high accident rate and delayed responses to genuine emergencies. This article seeks to ensure that police and fire communications and ambulance facilities will be available to dispatch police, fire and ambulance personnel for actual emergencies and to alleviate the nuisance of audible alarms in the Town. Another purpose of this article is to provide the Town and emergency agencies with the names of responsible people to contact in the case of activation of an alarm.
ALARM SYSTEM — A device or an assembly of equipment which emits an audible response which is intended to alert persons outside a premises to the existence of a hazard or emergency or which is intended to alert emergency agencies by automatically dialing or signaling an emergency agency or which is connected to a private answering point for the purpose of reporting such alarms to emergency agencies or which is directly connected to the County Fire Control Center or other emergency agency.
- ALARM USER
- Any person who owns, leases or uses an alarm system within the Town of Lloyd except for a person whose alarm system is on a motor vehicle or is a proprietary system. If, however, an alarm system is at a premises (other than a proprietary system) in the Town of Lloyd, the person using such system is an "alarm user."
- AVOIDABLE ALARM
- The activation of an alarm system through mechanical failure, malfunction, improper installation or the negligence of the owner, user, custodian or lessee of an alarm system, or his/her employees or agents, or through any other cause which, through direct connection to an emergency agency or through notification of an emergency agency by a private answering point or automatic dialing device or through notification to an emergency agency by any second party or means, indicates that an emergency situation exists requiring response within the Town when, in fact, an emergency situation does not exist. An "avoidable alarm" also includes the knowing or intentional activation of an alarm to an emergency agency when the activator knows that an emergency situation does not exist. "Avoidable alarm" does not include alarms activated by violent conditions of nature, such as hurricanes, tornadoes, earthquakes or any other similar cause beyond the control of the user of the alarm system. Activation of an alarm system under any circumstances where the activator reasonably believes that an emergency situation exists is not an "avoidable alarm." Notwithstanding any language to the contrary, the defective installation of an alarm system, the failure to repair or cause to be repaired an alarm system or the use of defective equipment in connection with an alarm system shall not constitute an extraordinary circumstance beyond the reasonable control of the alarm user.
- EMERGENCY AGENCY
- Any Police Department, Fire Department or other law enforcement agency or ambulance company, private or public, or other agency summoned to respond to an emergency situation and any public safety answering point serving the Town of Lloyd.
- FALSE ALARM
- See "avoidable alarm."
- LOCAL ALARM SYSTEM
- A signaling system which, when activated, causes an audible signaling device to be activated outside the premises on which the system is installed.
- NOTICE ADDRESS
- The address which an alarm user designates on the application for a permit as the address to which notices are to be sent.
- Any person, firm, partnership, corporation, association, company or organization of any kind.
- PRIVATE ANSWERING POINT
- A business which offers the service of receiving emergency signals, monitoring said signals and relaying them to an emergency agency.
- PROPRIETARY SYSTEM
- An alarm, sounding and/or recording within the premises protected by the alarm, which is not intended to alert persons outside of the premises on which the alarm system is located of a possible hazard and not intended to alert an emergency agency, the control center being under the supervision of the proprietor of the protected premises. If a "proprietary system" includes a signal line connected directly or by means of an automatic device to an emergency agency or to a private answering point or to a local alarm system, it thereby becomes an "alarm system" as defined in this chapter.
All properties which shall own, use, lease, operate or maintain an alarm system within the Town of Lloyd shall obtain a fire prevention permit.
Application for permit. In order to obtain an alarm user permit, any person who operates an alarm system shall submit an application for such permit in the form designated by the Town, which application shall contain the following:
The name, home address and telephone number of the person applying for the permit.
The address of the premises upon which the alarm system is or will be located.
The type of alarm system for which the permit is sought.
The name of the alarm business or businesses, selling, installing, monitoring, inspecting, responding to and/or maintaining the alarm system, if applicable.
Fees: Town fire permit fees as set by the Town Board.
Duration of permit. An alarm user permit shall expire when ownership changes.
The Town of Lloyd Fire Inspector shall enforce this chapter.
Avoidable alarm incident report. Whenever an emergency agency files an avoidable alarm report, such report shall contain the following information:
Any emergency agency, as herein defined, desiring the Town Fire Inspector to initiate enforcement of this chapter against an alarm user who has generated avoidable alarms shall comply with the following requirements:
The emergency agency shall give to the owner and send to the Fire Inspector of the Town of Lloyd an avoidable alarm incident report containing the information required within seven days of the alarm call.
Three or more occurrences within a six-month period constitutes a violation of this chapter, and the Fire Inspector will issue a warning. For the fourth occurrence, he shall issue an appearance ticket. Fines for the fourth occurrence shall be $75; fifth, $100; sixth, $150; seventh and every future alarm, $200, to be confirmed by the Judge after a trial, upon sentencing after conviction, or imposed by the Court's Clerk after a guilty plea.
An alarm user receiving a notice of an avoidable alarm may appeal such classification by notifying the Fire Inspector, in writing, specifying in detail the reasons why the alleged avoidable alarm should not be so classified. The notice of appeal must be received by the Fire Inspector within 20 days after notification to the alarm user. A hearing may be requested by the alarm user with the Town Board. The failure to give timely notice shall be deemed a waiver of the right to appeal the classification.
The Town's Town Board will hear all appeals.
Within a reasonable time, but not more than 45 days after receipt of a notice from an alarm user appealing the classification of an alarm as an avoidable alarm, the Town Board shall hold a hearing, if so requested by the alarm user, and, in any event, make a final determination.
Within 10 days after a final determination has been made by the Town Board, a copy thereof shall be filed with the Town Clerk and a copy mailed or otherwise given to the alarm user.
Further appeal may be heard by the Supreme Court under Art. 78, CPLR, with petition filed within 30 days of the Town Board's final determination.
The provisions and requirements of this article shall apply to all persons who are alarm users on the effective date of this article and to all persons who subsequently become alarm users.
If any section, subsection, sentence, clause, phrase or word of this article is for any reason held to be invalid by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this article.