[HISTORY: Adopted by the Common Council of
the City of Middletown 10-14-1975[1] (Ch. 36 of the 1971 Code). Amendments noted where
applicable.]
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."
[Amended 10-13-1992]
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.
[Amended 1-23-2006]
The standards contained in the New York State
Uniform Fire Prevention and Building Code are hereby incorporated
into this chapter by reference.
[Amended 5-10-1976]
A.
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]
B.
The application of the above penalty shall not be
held to prevent the enforced removal of prohibited conditions.
C.
Failure to comply with a correcting order shall result
in closing of the structure until violations have been corrected.
D.
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.[1]
[Added 11-15-2011]
[1]
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.
[Added 10-13-1992]
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.
