[HISTORY: Adopted by the Common Council of the City of Middletown 10-14-1975 (Ch. 36 of the 1971 Code). Amendments noted where applicable.]
Fire Department — See Ch. 58.
Alarm systems — See Ch. 152.
Building construction — See Ch. 193.
Fireworks — See Ch. 265.
Property maintenance — See Ch. 359.
This chapter shall be known as "An Ordinance to Provide for the City of Middletown, New York, Rules and Regulations to Improve the Safety of the Public by Promoting the Control of Fire Hazards; Regulating the Installation, Use and Maintenance of Equipment and the Use of Structures, Premises and Open Areas; Providing for the Abatement of Fire Hazards; and Setting Forth Standards for Compliance to Achieve These Objectives."
It shall be unlawful for any person or corporation, partnership or association to violate this chapter, to permit or maintain such violation, to refuse to obey any provision thereof or to fail or refuse to comply with any such provision, correcting order of the Fire Chief or his designated representatives or agents or regulation except as variation may be allowed by action of the Chief of the Fire Department or the Commissioner of Public Works in writing. Proof of such unlawful act or failure to comply with any correcting order within the required time or failure to act shall be deemed prima facie evidence that such act is that of the owner. Prosecution or lack thereof of either the owner or the occupant shall not be deemed to relieve the other.
These provisions shall apply equally to both public and private property. They shall apply to all new structures and their occupancies, including buildings, structures, equipment, etc., and, except as otherwise specified, to existing structures and their occupancies, including buildings, structures, equipment, etc., which constitute a clear and present hazard to life or property.
This chapter shall be in accordance with the laws and regulations covering fire prevention of the City of Middletown, New York, and the United States of America.
This chapter shall be deemed an exercise of the police powers of the City of Middletown, New York, for the preservation and protection of the public health, peace, safety and welfare, and all its provisions shall be liberally construed for that purpose.
The provisions of this chapter shall be administered by the Chief of the Middletown, New York, Fire Department and the Commissioner of Public Works of the City of Middletown, New York.
The standards contained in the New York State Uniform Fire Prevention and Building Code are hereby incorporated into this chapter by reference.
Any person who shall violate any of the provisions of the New York State Uniform Fire Prevention and Building Code or the provisions of this chapter 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 shall, upon conviction, be guilty of an offense punishable by a fine of not less than $250 nor more than $1,000 or by imprisonment for a period not exceeding 15 days, or by both such fine and imprisonment. Each day that a violation is permitted to exist shall constitute a separate offense.
[Amended 10-13-1992; 3-8-1999; 1-23-2006]
The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.
Failure to comply with a correcting order shall result in closing of the structure until violations have been corrected.
Whenever compliance with the New York State Uniform Code requirement that the owners of properties which are required to have sprinkler systems cause such systems to be inspected as per the NFPA standards in place is rendered unenforceable or impractical due to a vacant premises or absentee owner or other circumstance, the Fire Inspector is authorized, upon securing an appropriate court order, to contract for or perform such testing and contract for or perform any necessary remedial work, and a report of the cost and expense of doing said testing and work shall be submitted to the Treasurer and shall then become a lien against the property where said testing and work was performed.
Editor's Note: The following original sections of the 1971 Code which immediately followed this section were repealed 1-23-2006: § 36-11, Additions and revisions to code, added 5-10-1976 and amended 6-13-1977 and 10-15-1996; § 36-12, Modifications, added 6-13-1977; and § 36-13, Board of Appeals, added 2-26-1979 by L.L. No. 1-1979.
If the Fire Chief or his representatives have reasonable cause to believe that a violation of this chapter is occurring which could reasonably cause loss of life, they may close the structure for up to 72 hours in order to obtain a search warrant.