As used in this article, the following terms shall have the meanings
indicated:
The provisions relating to fire prevention in the New York State
Uniform Fire Prevention and Building Code adopted pursuant to Article 18 of
the Executive Law.
This article shall provide the basic method for administration and enforcement
of the State Fire Prevention Code in the Village of Tuxedo Park and shall
establish powers, duties and responsibilities in connection therewith.
The Village Board shall designate a Fire Inspector to administer and
enforce the State Fire Prevention Code within the Village of Tuxedo Park.
The Village Building Inspector may be designated as the Fire Inspector.
A.
The Fire Inspector may adopt rules and regulations for
the administration and enforcement of the State Fire Prevention Code. Such
rules and regulations shall not conflict with the State Fire Prevention Code,
this article or any other provision of law.
B.
The Fire Inspector shall publish all rules and regulations
at least 10 days prior to the effective date thereof in a newspaper of general
circulation within the Village of Tuxedo Park.
A.
Upon payment of the fees prescribed by resolution of
the Village Board,[1] permits shall be issued and bear the name and signature of the
Fire Inspector and shall specify:
(1)
The activity or operation for which the permit is issued.
(2)
The address or location where the activity or operation
is to be conducted.
(3)
The name and address of the permittee.
(4)
The permit number and date of issuance.
(5)
The period of permit validity.
[1]
Editor's Note: The current fee resolution is on file in the office
of the Village Clerk.
B.
Permits shall not be transferable, and any change in
activity, operation, location, ownership or use shall require a new permit.
C.
Permits shall continue until revoked or for a period
of time designated at the time of issuance. An extension of the permit 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.
D.
Permits shall be obtained as required in the State Fire
Prevention Code and the laws of the Village.
E.
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.
F.
Location of permits. Permits shall be kept on property
or premises covered by the permit or shall be carried by the permit holder.
G.
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 there has been misrepresentation or falsification
of material facts in connection with the permit application or a condition
of the permit.
A.
The Fire Inspector shall conduct periodic inspections,
but not less than once per year, for compliance with the provisions of the
State Fire Prevention Code. Such inspections may be made at any reasonable
time.
B.
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.
A person owning, operating, occupying or maintaining
property or premises within the scope of the State Fire Prevention Code or
this article shall comply with all the provisions of the State Fire Prevention
Code, this article and all orders, notices, rules, regulations or determinations
issued in connection herewith.
B.
Whenever the Fire Inspector finds that there has been
a violation of the State Fire Prevention Code, this article or any rule or
regulation adopted pursuant to this article, a violation order shall be issued
to the person or persons responsible.
D.
Violation orders may be served by personal service, by
mailing by registered or 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 envelope addressed to the
person responsible.
E.
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
within the time specified in the violation order, a request to take appropriate
legal action shall be made to the Village Board.
A.
Failure to comply with any provision of the State Fire Prevention Code, this article, any rules or regulations adopted pursuant to this article or a violation order shall be deemed a violation pursuant to the Penal Law of the State of New York, punishable as provided in § 1-12 of Chapter 1, General Provisions. The continuation of an offense shall constitute, for each day the offense is continued, a separate and distinct violation.
B.
An action or proceeding in the name of the Village of
Tuxedo Park may be commenced in any court of competent jurisdiction to compel
compliance with or restrain by injunction the violation of any provision of
the State Fire Prevention Code, this article, any rule or regulation adopted
pursuant to this article 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.
A.
A building or structure, or part thereof, which is an
imminent danger to life or safety of the public as a result of a fire or explosion
is hereby declared to be a public nuisance.
B.
Whenever the Fire Inspector finds a building or structure,
or part thereof, to be an imminent danger to life or safety of the public
as a result of fire or explosion, the Fire Inspector may cause work to be
done in and about the building or structure as may be necessary to remove
the danger.
C.
The Fire Inspector may require the occupants of any such
building or structure, or part thereof, to vacate the premises forthwith.
No person shall use or occupy such building or structure, or part thereof,
until it is made safe. Except for the owner, no person shall enter premises
which have been ordered vacated unless authorized to perform inspections or
repairs or to demolish and remove such building or structure or part thereof.
D.
All costs and expenses incurred by the Village in connection
with any work done to remove the danger or in connection with the demolition
and removal of any such building or structure shall be assessed against the
land on which such building or structure is located, and a bill for such expenses
shall be presented to the owner of the property, or if the owner cannot be
ascertained, then such bill shall be posted in a conspicuous place on the
premises. Such assessment shall be and constitute a lien upon such land. If
the owner shall fail to pay for such expenses within 10 days after the bill
is presented or posted, a legal action may be brought to collect such assessment
or to foreclose such lien. As an alternative to the maintenance of any such
action, the Fire Inspector may file a certificate of the actual expenses incurred
as aforesaid, together with a statement identifying the property in connection
with which the expenses were incurred and the owner thereof, with the Assessor,
who shall, in the preparation of the next assessment roll, assess such amount
upon such property. Such amount shall be included in the levy against such
property, shall constitute a lien and shall be collected and enforced in the
same manner, by the same proceedings, at the same time and under the same
penalties as is provided by law for the collection and enforcement of real
property taxes in the Village.
A.
Where practical difficulties or unnecessary hardships
may result from enforcement of the strict letter of any provisions of the
State Fire Prevention Code, applications for variances consistent with the
spirit of the code may be made to and acted upon by the Regional Board of
Review established in accordance with the provisions of 19 NYCRR 440.
B.
The Fire Inspector shall obtain a copy of the Review
Board's decision for his record.
