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.
[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.