[HISTORY: Adopted by the Town Board of the
Town of Warwick 12-29-1989 by L.L. No. 4-1989.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Alarm devices — See Ch. 56.
Unsafe buildings — See Ch. 67.
Fissionable materials — See Ch. 85.
Flood damage prevention — See Ch. 89.
Sanitary sewers — See Ch. 124.
Subdivision of land — See Ch. 137.
Tree and topsoil removal; grading and excavating — See Ch. 150.
Water — See Ch. 157.
Zoning — See Ch. 164.
Sewer specifications — See Ch. A167.
Street specifications — See Ch. A168.
[1]
Editor's Note: This local law also superseded
former Ch. 82, Fire Prevention and Building Code Administration, adopted
as a portion of Ch. 26 and §§ 30.50 and 30.53 of Warwick
Municipal Code, 1973, as amended.
This chapter shall be known as the "Town of
Warwick, New York, State Uniform Fire Prevention and Building Code
Administration and Enforcement Law."
It is the intent of this chapter to provide
for the administration and enforcement of the provision of all laws,
codes, ordinances, regulations, including the New York State Uniform
Fire Prevention and Building Code, and orders applicable to:
A.
The location, design, materials, construction, alteration,
repair, equipment, maintenance, use, occupancy, removal and demolition
of buildings, structures and appurtenances located in the Town of
Warwick.
B.
Fire prevention and firesafety regulations consistent
with nationally recognized good practice for the safeguarding of life
and property from the hazards of fire and explosion arising from hazardous
conditions in the use or occupancy of buildings or premises and from
the storage and use of hazardous substances, materials and devices.
[Amended 6-11-2015 by L.L. No. 1-2015]
Included as part of this chapter and referenced hereto is the
New York State Uniform Fire Prevention and Building Code applicable
by Article 19 of the New York State Executive Law, and it shall supersede
any inconsistent Warwick Town Code provisions herein.
A.
The Town Board of the Town of Warwick does hereby
establish the office, to be known as the "Office of the Building Inspector."
B.
Purpose. The purpose of this Office is for the administration
and enforcement of the provisions of all laws, ordinances, rules,
regulations and orders, including the New York State Uniform Fire
Prevention and Building Code, applicable to the location, use, occupancy,
removal and demolition of buildings, structures and appurtenances
located in the Town.
C.
Personnel.
(1)
Building Inspector. The Office shall be headed by
a Town officer designated as the "Building Inspector." The Building
Inspector shall be appointed by the Town Board at a compensation to
be fixed by the Board. The Building Inspector shall report directly
to the Town Board and shall not be under the jurisdiction of any other
Town department.
(2)
Deputy Building Inspector. The Town Board may appoint
a Deputy Building Inspector as the need may appear.
(3)
Other employees. The Town Board may appoint such other
employees as may be deemed necessary to carry out the function of
the Office. The compensation of such employees shall be fixed by the
Town Board.
(4)
Acting Building Inspector. In the absence of the Building
Inspector or in the case of his inability to act for any reason, the
Supervisor shall have the power, with the consent of the Town Board,
to designate a person to act on behalf of the Building Inspector and
to exercise all the powers conferred upon him by this chapter.
A.
The Town Board of the Town of Warwick does hereby
establish the office to be known as the "Office of the Fire Marshal."
B.
Purpose. The purpose of this Office is for the administration
and enforcement of the provisions of all laws, ordinances, rules,
regulations and orders applicable to fire prevention and firesafety.
C.
Personnel.
(1)
Fire Marshal. The Office shall be headed by a Town
officer designated as the "Fire Marshal." The Fire Marshal shall be
appointed by the Town Board at a compensation to be fixed by the Board.
The Fire Marshal shall report directly to the Town Board and shall
not be under the jurisdiction of any other Town department.
(2)
Deputy Fire Marshal. Deputy fire Marshal(s) may be
appointed by the Town Board. Their appointments shall continue at
the pleasure of the Town Board. Each Deputy Fire Marshal shall have
the authority to make fire prevention inspections under Chapter C
of the Uniform Code. A copy of any inspection report or other report
of other official action shall be filed with the Fire Marshal.
(3)
Other employees. The Town Board may appoint such other
employees as may be deemed necessary to carry out the functions of
the Office. The compensation of such employees shall be fixed by the
Town Board.
(4)
Acting Fire Marshal. In the absence of the Fire Marshal
or in the case of his inability to act for any reason, the Supervisor
shall have the power, with the consent of the Town Board, to designate
a person to act on the behalf of the Fire Marshal and to exercise
all the powers conferred upon the Fire Marshal by this chapter.
D.
The Building Inspector may be designated and appointed
by the Town Board of the Town of Warwick to hold the simultaneous
position of Fire Marshal.
The Building Inspector, Deputy Building Inspector,
Acting Building Inspector, Fire Marshal, Deputy Fire Marshal and Acting
Fire Marshal are code enforcement officials as defined in the Uniform
Code.
A.
Building Inspector. Except as otherwise provided by
law, ordinance, rule or regulation, the Building Inspection shall
administer and enforce all provisions of laws, codes, ordinances,
rules, regulations and orders applicable to the location, design,
materials, construction, alteration, repair, equipment, maintenance,
use, occupancy, removal and demolition of buildings, structures and
appurtenances thereof not specifically delegated as responsibilities
of the Fire Marshal.
B.
Fire Marshal. Except as otherwise provided by law,
ordinance, rule or regulation, the Fire Marshal shall administer and
enforce all laws, codes, ordinances, rules, regulations and orders
applicable to fire prevention and firesafety.
C.
Joint responsibilities on Uniform Code. The Building
Inspector and the Fire Marshal shall jointly administer and enforce
provisions of the Uniform Code dealing with building construction
related to fire prevention and firesafety.
D.
Other duties.
(1)
The Building Inspector and/or the Fire Marshal, as
may be appropriate, shall issue notices or orders to remove illegal
or unsafe conditions, to require the necessary safeguards during construction
or demolition and to assure compliance with all applicable laws, codes,
ordinances, rules and regulations.
(2)
The Building Inspector, Code Enforcement Officer and Fire Marshal
shall keep official records of all transactions and activities of
their respective offices, including records of all applications received,
all permits and certificates issued, inspections conducted and notices
and orders issued.
[Amended 6-11-2015 by L.L. No. 1-2015]
(3)
In addition to duties specified in this chapter, the
Building Inspector and Fire Marshal shall perform such other duties
as may be assigned by the Town Board.
(4)
The Fire Marshal may assist, where practicable, in
determining the cause and origin of any fire occurring in the Town
of Warwick which involves loss of life or injury to persons or by
which property has been destroyed or substantially damaged.
The Building Inspector may request and shall
receive, so far as may be necessary in the discharge of his duties,
the assistance and cooperation of all other municipal officials exercising
any jurisdiction over the construction, use or occupancy of buildings
or the installation of equipment therein.
A.
All provisions of the Uniform Code, including but
not limited to maintenance, housekeeping and behavior regulations
so as to protect life and property against the hazards of fire, explosion
and the release of toxic gases arising from the storage, handling
or use of combustible or hazardous substances, materials or devices,
shall apply equally to new and existing buildings and conditions.
B.
The Building Inspector and/or Fire Marshal, as may
be appropriate, shall have the authority to permit the continuance
of existing conditions not in strict compliance with the terms of
this chapter where the exceptions do not constitute a distinct hazard
to life or property or a violation of the Uniform Code.
A.
Whenever the Building Inspector or Fire Marshal shall
disapprove an application or refuse to grant a permit applied for
or when it is claimed that the provisions of the Uniform Code do not
apply or that the intent and meaning of this chapter have been misconstrued
or misinterpreted, the person affected may appeal from the decision
of the Building Inspector or Fire Marshal to the New York State Uniform
Fire Prevention and Building Code Board of Review, established under
the applicable provisions of the New York State Executive Law.
B.
The procedures set forth herein for appeals shall
not prohibit the Building Inspector or Fire Marshal from immediately
removing a hazard or ordering the immediate closing of a building
or premises until a violation of this chapter has been corrected when
such hazard or existence of such violation constitutes a distinct
hazard to life or public safety.
A.
No person, firm or corporation shall commence erection,
construction, enlargement, alteration, removal, improvement, demolition,
conversion or installation therein of any building or structure or
change in use or occupancy of any building or structure without first
obtaining appropriate required permits from the Building Inspector
or Fire Marshal. No permit shall be required for work of an ordinary
replacement or maintenance nature, except as otherwise stated in this
chapter.
B.
Application for a permit shall be made, on forms provided
by the Town, by the owner or lessee or the agent of either or by the
architect, engineer or builder employed in connection with the proposed
work.
C.
Each application for a permit shall be accompanied
by duplicate copies of plans and specifications, including a plot
plan, drawn to scale, showing the location and size of all proposed
new construction, as well as the location of all existing structures
on the site, distances from lot lines, the relationship of structures
on adjacent property, widths and grades of adjoining streets, walks
and alleys, watercourses, easements and utilities on the property.
Said plans and specifications shall provide sufficient information
to ensure compliance with the Uniform Code and shall show the size
of all proposed new construction and describe the nature and character
of the work to be performed and all materials to be incorporated and,
where required by the Building Inspector, details of structural, plumbing,
mechanical and electrical work, including computations, stress diagrams
and other essential data.
D.
The aforementioned requirements of this section may
be waived by the Building Inspector where it appears that strict application
of this section would create an undue hardship and where it further
appears that the strict application of this section would not result
in a violation by the applicant of any of the other sections of this
chapter or of any other ordinance, rule or regulation.
E.
Plans and specifications shall bear the signature
of the person responsible for the design and drawings and, where required
by § 7302, as amended, of Article 147 of the Education Law
of the State of New York,[1] the seal of a licensed architect or a licensed professional
engineer.
[1]
Editor's Note: See now § 7307 of
the Education Law.
F.
The Fire Marshal shall issue all permits for solid-fuel-burning
appliances, chimneys and/or flues.
G.
Amendments to any application, plan or specifications
may be filed at any time prior to commencement of the work. Such amendments
shall likewise be subject to approval of the Building Inspector and/or
Fire Marshal, as may be appropriate.
A.
The Building Inspector and/or Fire Marshal, as may
be appropriate, shall review or cause to be reviewed applications
for permits, together with the plans, specifications and documents
filed therewith.
B.
Upon the payment of the required fee and upon satisfactory
proof being given that the applicant is in compliance with the applicable
provisions, rules and regulations of this chapter, a permit may be
issued by and bear the name and signature of the Building Inspector
or Fire Marshal, as may be appropriate.
C.
Any permit granted hereunder shall be limited only
to the activity authorized on said permit, and its continued validity
shall be subject to the conditions set forth in said permit.
D.
Any permit granted hereunder shall not be transferable
except when transfer is approved by the appropriate official, and
any change in the activity, size, extent or type of operation, location,
ownership or use shall require a new permit.
E.
Permits shall continue until revoked as provided for
herein or for a period of time designated at the time of issuance.
An extension of the permit time period may be granted, provided that
satisfactory justification can be shown for failure to start or complete
the work or activity authorized within the required time period.
F.
Any application for or acceptance of any permit issued
or requested pursuant to this chapter constitutes agreement and consent
by the person making application or accepting the permit to allow
the Building Inspector and/or Fire Marshal to enter upon the premises
at any time to conduct inspections as required by this chapter. Refusal
to allow the Building Inspector or Fire Marshal to conduct said inspections
of the premises and their records related to such permit or required
to be maintained by this chapter shall constitute sufficient justification
for the summary and immediate revocation or suspension of said permit.
In addition, should the Building Inspector or Fire Marshal deem it
necessary, either may make an application to any court of competent
jurisdiction to obtain a warrant authorizing an inspection of the
premises in question.
G.
Consolidate permits. When more than one permit is
required by the Fire Marshal for the same property or premises, a
single permit may be issued listing all materials or operations covered.
Revocation or suspension as set forth herein of a portion or portions
of such consolidated permit for specific hazardous materials or operations
may, at the sole discretion of the Fire Marshal, be sufficient cause
to revoke or suspend the other permitted activities.
A schedule of fees is on file and available
in the Town office.
A.
A building permit shall be effective to authorize
the commencing and continuance of work in accordance with the application,
plans and specification on which it is based for a period of 12 months
after the date of issuance. For good cause shown, the Building Inspector
may allow a maximum of two extensions for commencement of such work
for periods not exceeding six months each. Other permits shall be
effective as stated in other sections of this chapter.
B.
The issuance of a permit shall constitute authority
to the applicant to proceed with the work in accordance with all applicable
laws, codes, ordinances, rules and/or regulations.
C.
A building permit shall become void if work does not commence within one year after the date of issuance, unless extended as provided in Subsection A above.
D.
Permits issued by the Fire Marshal shall be kept posted
in a conspicuous place on the property or premises covered by the
permit for as long a period of time as the permitted activity continues.
Such permits issued by the Fire Marshal shall be valid for the period
so stated on said permit and shall be renewed as required upon the
application therefor and the payment of the applicable permit fee.
[Amended 6-11-2015 by L.L. No. 1-2015]
A.
The Building Inspector and Fire Marshal shall have
the authority to revoke permits issued by them as follows:
(1)
Where it is found that there have been false statements
or misrepresentations as to a material fact in the application, plans
or specifications upon which the permit was granted.
(2)
Where it is found that the permit was issued in error
and should not have been issued in accordance with the applicable
laws, codes, ordinances, rules or regulations.
(3)
Where the person to whom the permit has been issued
fails or refuses to comply with a stop-work order duly issued by the
Building Inspector.
B.
In the event of a violation of this chapter, the Fire
Marshal may, in addition to the other penalties provided for herein,
suspend said permit until such time as the violation is corrected.
Should the Fire Marshal determine that the violation constitutes a
distinct hazard to life or public safety, he may order the premises
secured immediately until said violation is corrected.
A.
Whenever the Building Inspector has reasonable grounds
to believe that the work on any building or structure is proceeding
without permit or is otherwise in violation of the provisions of any
applicable law, code, ordinance, rule or regulation or is not in conformity
with any of the provision of the application, plans or specifications
on the basis of which a permit was issued or is being conducted in
an unsafe or dangerous manner, he shall notify either the owner of
the property or the owner's agent or the person, firm or corporation
performing the work to immediately suspend all work. In such instance,
any and all persons shall immediately suspend all related activities
until the stop-work order has been duly rescinded.
B.
Such stop-work order shall be in writing on a form
prescribed by the Building Inspector and shall state the reason for
the stop-work order, together with the date of issuance. The stop-work
order shall bear the signature of the Building Inspector and shall
be prominently posted at the work site.
A.
A schedule of required inspections shall be made available
to all applicants for permits.
B.
It shall be the responsibility of the owner or his
agent to notify the Building Inspector and/or Fire Marshal when work
is ready for each required inspection.
C.
Inspections of all work authorized by a building permit
shall be requested by notification of the Building Inspector and/or
Fire Marshal not less than one working day prior to the time the inspection
is to be scheduled. All inspections shall be scheduled as soon as
possible, subject to the availability of the Building Inspector and
Fire Marshal.
D.
Firesafety inspections shall be conducted on a regular
schedule by the Fire Marshal. All areas of public assembly shall be
inspected at least once a year. Multiple dwellings and all nonresidential
occupancies shall be inspected at least once every two years. Dwellings
shall be inspected only upon bona fide complaints or upon request
of the owner or occupant.
E.
Inspections of the installation of any solid-fuel-burning
heating appliances and associated chimneys and flues shall be conducted
by the Fire Marshal. No person shall use or permit the use of any
solid-fuel-burning appliance, chimney or flue which has been installed,
constructed, reconstructed, repaired or altered or which has been
subjected to a chimney fire, unless and until said appliance, chimney
or flue has been inspected by the Fire Marshal and a certificate of
compliance issued by him. Failure to comply with these provisions
is a violation of this chapter and is grounds for ordering that the
premises be vacated.
F.
For all other inspections, specific requirements as
to the advance time for inspection requests and the acceptable means
of notification shall be at the discretion of the Building Inspector
and/or Fire Marshal or in accordance with established procedures,
rules or regulations.
G.
Failure to request a required inspection shall be
cause for rejection of the work or an order to expose the work for
inspections.
H.
Where permits are required, the Building Inspector
and/or Fire Marshal may at any reasonable hour enter any building
or premises within the Town of Warwick for the purpose of making the
required inspections.
I.
Upon written complaint of any person, duly affirmed
under the penalty of perjury, alleging a violation of this chapter
or of the Uniform Code, the Building Inspector and/or Fire Marshal
shall investigate the complaint and make written report to the complainant,
owner of the property, the Supervisor and the Town Board.
J.
The Building Inspector and/or Fire Marshal may at
any reasonable hour enter any building or premises for the purpose
of making any inspection or investigation to ensure compliance with
the provisions of this chapter and the Uniform Code.
K.
Should entrance to make an inspection be refused or
permission to enter be unable to be obtained, application may be made
for a warrant to make such inspection to any court of competent jurisdiction.
L.
Open burning must be done in accordance with the Orange
County Clean Air Act. All controlled burnings must first be checked
by the Fire Marshal for compliance and properly set up with notification
to the respective Fire Chiefs and Departments, Town Clerk, Warwick
Police Department and the Orange County Fire Dispatchers' office.
A.
No building hereafter erected shall be used or occupied
in whole or in part until a certificate of occupancy shall have been
duly issued by the Building Inspector.
B.
No building hereafter enlarged, extended or altered
or upon which work has been performed which required the issuance
of a permit shall continue to be occupied or used for more than 30
days after the completion of the alteration or work unless a certificate
of occupancy shall have been issued by the Building Inspector.
A.
When, after final inspection, it is found that the
proposed work has been fully completed in accordance with all applicable
building laws, ordinances, rules and regulations and also in full
accordance with the application, plans and specifications filed in
connection with the issuance of the permit, the Building Inspector
shall issue a certificate of occupancy upon the form provided by his
office. In the event that it is found that all proposed work has not
been properly completed, the Building Inspector shall refuse to issue
a certificate of occupancy and shall order the work completed in conformity
with the applicable building regulations.
B.
The certificate of occupancy shall certify that the
work has been completed and that the proposed use and occupancy are
in conformity with the provisions of the applicable building laws,
ordinances and regulations and shall specify the use or uses and the
extent thereof to which the building or structure or its several parts
may be put.
C.
The owner or his agent must submit to the Building
Inspector an instrument survey map showing the true location of the
new building or additions in reference to all the property lines and
existing structures. The Building Inspector may waive this requirement
for minor additions.
A.
Certificates of compliance shall be used to indicate
conformance with this chapter and the Uniform Code of installations
which require inspection but would not be issued a certificate of
occupancy. Such installations include but are not limited to solid-fuel-burning
heating appliances and their associated chimneys and flues, swimming
pools and their fences, plumbing installations, other equipment installations,
installation and removal of underground tanks and firesafety inspections.
B.
Certificates of compliance shall be issued by the
Building Inspector or Fire Marshal only after inspection which shows
installation is in conformance with this chapter and the Uniform Code.
C.
Certificates of compliance may be revoked when there
has been substantial and unauthorized change in conditions which render
or may render the installation not in conformance with this chapter
and the Uniform Code.
A.
Permits shall be obtained from the Fire Marshal, in
addition to any other required approvals, for the following:
(1)
Combustible fibers: to store, handle or use combustible
fibers in quantities in excess of 100 cubic feet, except for agricultural
products on a farm.
(2)
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 3,500 cubic feet gross
volume, on any premises.
(4)
Day-care center: to operate a day-care center as defined
by the Uniform Code.
(7)
Flammable finishing for spraying, coating or dipping
operation utilizing flammable or combustible liquids.
(8)
Hazardous chemicals: to store, handle or use more
than 55 gallons of corrosive liquids or more than 50 pounds of organic
peroxides or more than 50 pounds of nitromethane or 1,000 pounds or
more of ammonium nitrate fertilizers and fertilizer mixtures containing
50% or more of ammonium or any amount of toxic materials or poisonous
gas.
(9)
Liquefied petroleum gas: for each installation of
liquefied petroleum gas employing a container or an aggregate of interconnected
containers of 500 gallons' or more water capacity and for each permanent
installation, irrespective of the size of containers, made at buildings
in which 20 or more persons congregate for civic, political, educational,
religious, social or recreation purposes. Installers shall maintain
a record of all installations and replacements of portable cylinders
and shall have it available for inspection.
(10)
Waste oil heater: to operate, maintain or use
a waste oil heater in any service station, self-service station or
repair garage.
B.
All such permits as herein required shall be valid
for a period of one year and shall be renewed yearly upon application
therefor and the payment of the permit fee as herein required.
A.
Whenever it is found that a building or structure
or part thereof may be an imminent danger to life and safety of the
public, the Building Inspector and/or Fire Marshal may require the
occupants of any such building or structure or any 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, repairs, remove
contents of or to demolish and remove such building or structure or
part thereof.
B.
In addition to the above-mentioned provisions, the
Fire Marshal shall report to the Building Inspector the location of
any building or structure which has been damaged by a fire or explosion
for any action deemed appropriate by the Building Inspector.
C.
The Chief of the primary responding Fire Department
shall notify the Fire Marshal and the Building Inspector of any fire
or explosion involving any structural damage, fuel-burning appliance,
chimney, flue or gas vent.
Whereas the New York State Uniform Fire Prevention
and Building Code makes reference to various subjects dealing with
fire protection and fire prevention practices and provides only general
procedures for administering said code, it is hereby deemed necessary
and appropriate to set forth the additional administrative and enforcement
procedures for the Town of Warwick to enable the Building Inspector
and/or the Fire Marshal to effectively enforce the provisions of this
chapter. The specific areas of fire protection and/or fire prevention
which are the subject of these additional administrative provision
are set forth herein, and each subject is referenced to the applicable
section of the Uniform Code where such subject is addressed.
Reference: Uniform Code, Part 1161.
A.
All premises and buildings in the Town of Warwick
which Fire Departments may be called upon to protect in case of fire
shall be provided with suitable access roads and fire lanes so that
all buildings on the premises are accessible. Where new construction
or additions to existing structures are proposed, the Fire Marshal
shall recommend to the Planning Board or other agency or board responsible
for the approval of such new construction or addition the location
of access roads and fire lanes. During construction and until such
time as permanent roads and/or fire lanes are in place, suitable access
roads shall be constructed and maintained so as to provide access
for firefighting equipment, emergency vehicles and others who may
be required to enter upon the premises for the purpose of making required
inspections or for other purposes.
B.
Fire lanes shall be a minimum of 25 feet in width.
The Fire Marshal shall have the authority to modify the width requirements
of fire lanes where such widths may be in conflict with other requirements
of law.
C.
Fire lanes shall be clearly designated by suitable
signs to be provided by the owners or occupants of the premises. Failure
to replace or repair damaged, rusted or faded signs within 30 days
after written notice shall have been served upon the owner or occupant
shall constitute a violation of this chapter.
D.
The signs required to be posted by this chapter shall
conform to the size and color requirements for parking signs as set
forth in the Manual of Uniform Traffic Control Devices of the New
York State Department of Transportation. In addition, said signs shall
also:
E.
No person shall park or stand a vehicle in a designated
fire lane, except in obedience to direction of a police office or
stop sign, nor shall any person in any manner obstruct any fire lane
or other access to a building or premises or otherwise obstruct a
source of water or other service necessary for firefighting purposes.
(1)
Whenever the Fire Marshal, police officer or a duly
authorized assistant deems that an obstruction to or on a fire lane
or other means of access to a building or premises or that an obstruction
to a source of water or other service necessary for fire-fighting
purposes is such that it constitutes a distinct hazard to life or
public safety or is interfering with the operation of the Fire Department
during an emergency, he may order the obstruction removed immediately
at the owner's expense.
(2)
In addition to the foregoing penalties, any vehicle
or other obstruction found standing, parked or left in a fire lane
or parked or left within 15 feet of a fire hydrant shall be subject
to being ticketed for a parking violation, as necessary, or may be
removed, towed away and/or stored by or at the discretion of any police
officer, Fire Marshal or deputy Fire Marshal. Any such removal, towing
and storage as herein provided may be performed by a private towing
contractor, and any and all expenses related thereto shall be the
responsibility of the owner or person entitled to possession of said
vehicle or obstructing article.
Reference: Uniform Code, Part 1162. Whenever
any special security methods or security devices deemed necessary
by the owner or person in charge of the premises affect the means
of egress, such security methods or security devices shall not be
used or installed without first obtaining the written consent of the
Building Inspector or Fire Marshal.
A.
Reference: Uniform Code, Section 1163.13a.
(1)
Fire Department connections for standpipe and sprinkler
systems shall be accessible to emergency use at all times. No obstructions
of any type shall be placed within 10 feet of said connections. The
same requirements shall apply to snow removal and plowing.
(2)
Fire hydrants in residential districts shall not exceed
a maximum of 500 feet apart. In higher-density areas, such as apartments,
commercial or industrial districts, hydrants shall not exceed a maximum
of 300 feet apart and shall be so located that the buildings can be
reached by comparatively short hose lays from more than one hydrant.
The location and size of water mains and hydrants shall be subject
to the approval of the Fire Marshal and/or Town Engineer.
(3)
Fire hydrants.
(a)
The location of public and private hydrants
shall not exceed the maximum distance herein established. Hydrants
located in subdivisions and other residential areas shall be located
at intersections whenever possible.
(b)
In areas where new construction is being undertaken
and public or private water mains and hydrants do not exist, water
mains and hydrants shall be installed and be in proper operating condition
prior to the commencement of any aboveground connection.
(c)
No person shall cause any obstruction to be
placed within 15 feet of any public or private fire hydrant except
those officially authorized to do so.
(d)
Privately owned water mains and fire hydrants
on property devoted to public use, including but not limited to multiple-dwelling
complexes, churches, commercial buildings, schools, places of assembly
and shopping centers, shall be regularly maintained and annually serviced
by the owner or person generally in charge of the subject premises.
Such maintenance and annual servicing shall be conducted in accordance
with generally accepted standards, and records of such annual maintenance
shall be kept on the premises so that same is available for examination.
B.
Sprinkler systems. Reference: Uniform Code, Section
1163.13b. All sprinkler systems shall be annually inspected, tested
and repaired as necessary in compliance with the applicable nationally
recognized standards referenced in this chapter or the Uniform Code.
A copy of the inspection and testing shall be kept on the premises
so that same is available for examination.
Reference: Uniform Code, Section 1163.13f. All
fire alarm systems that transmit a signal to any emergency dispatch
center, whether directly or indirectly, shall be approved by the Fire
Marshal prior to the time of their installation.
Reference: Uniform Code, Section 1164.2.
A.
The Fire Marshal shall establish the maximum number
of occupants permitted within assembly spaces and areas of public
assembly within the Town of Warwick.
B.
The owner of any premises containing an assembly space
or area of public assembly shall post a permanent sign which specifies
the maximum number of occupants permitted in the space or area, and
this number shall not be exceeded.
C.
It shall be unlawful for the owner, manager or other
person in charge of the premises to knowingly permit occupancy of
the premises to exceed the occupancy limits established by the Fire
Marshal. Failure to so prevent overcrowding shall constitute a violation
of this chapter.
D.
No person shall refuse to vacate any premises in which
the occupancy limits have been exceeded when directed to do so by
the management of the premises, police office, Building Inspector,
Fire Marshal or any other official authorized to enforce the provisions
of this chapter. Failure to so vacate the premises shall constitute
a violation of this chapter.
Reference: Uniform Code, Section 1164.3.
A.
Storage and handling of motor vehicle fuel.
(1)
Underground storage tanks containing gasoline, oil
or other liquid that generates flammable vapors at normal temperatures
shall be limited to a maximum of 12,000 gallons per tank.
(2)
The Fire Marshal or his duly authorized representative
may order the owner or occupants of premises having liquid storage
tanks to have such tanks or associated piping tested by methods prescribed
by the Fire Marshal when the Fire Marshal has reasonable cause to
believe that such tanks or piping may contain a leak.
(3)
Leaking tanks containing any flammable or combustible
liquid or any pump or piping used in connection therewith which may
be defective or in need of repair shall be repaired or replaced immediately,
and the Fire Marshal, in his sole discretion, shall determine whether
the station or facility must cease any or all operations while such
repairs or replacements are being done.
(4)
No installation, alteration or replacement of underground
or aboveground tanks, pumps, piping and other equipment relating to
the storage of flammable liquids shall be permitted without prior
notification to the Fire Marshal, nor shall any pressure test or other
test for leaks be conducted without giving at least 24 hours' prior
notification to the Fire Marshal.
(5)
No more than one gasoline tank truck shall be permitted
to deliver flammable liquids on the premises of a gasoline service
facility at any one time. Before making any deliveries to underground
tanks, the driver or other authorized person shall set the brakes
of the truck and shall turn off the engine of the vehicle. Evertite
or O.P.W. fill couplings, or equivalent, must be used when unloading
flammable liquids from the tank truck to the storage tank. The driver
shall remain at the point of delivery to prevent spillage and overflow.
In case of spillage or overflow, the Fire Department shall be notified
immediately.
(6)
All accidental spillage or leakage of flammable liquid
to quantities of five United States gallons or greater shall be immediately
reported to the Fire Department.
(7)
A sufficient quantity of Stay Dry absorbent, or equivalent,
must be kept on the premises at all times for flammable liquid spills
and should be used for the purpose, whenever possible, instead of
flushing with water.
(8)
The telephone number of the owner, lessee or station
operator shall be posted on the door in a conspicuous location so
that proper notification can be made in the event of an emergency.
B.
Self-service stations. Self-service station shall
mean that portion of the property where Class 1 liquids used as motor
vehicle fuels are dispensed from fixed approved dispensing equipment
into the fuel tanks of motor vehicles or approved portable containers
by persons other than the service station attendant. Self-service
stations, in addition to the requirements set forth herein for the
storage and handling of motor vehicle fuel, shall also be subject
to the following:
(1)
Self-service pumps and nozzles shall be confined to
service islands with no more than three self-service dispensing units
per island, each of which dispensing unit shall utilize no more than
two hoses and nozzles per unit. Approved dispensing devices, such
as but not limited to card-operated and remote-preset types, shall
be permitted, provided that the dispensing of Class 1 liquids is under
the direct supervision of a qualified attendant whose duties and qualifications
shall comply with the standards and guidelines established by the
Fire Marshal.
(2)
All self-service gasoline dispensing units shall be
equipped with the following:
(a)
A control device that will permit the pump to
operate only when the dispensing nozzle is removed from its bracket
on the dispensing unit and the switch for which is manually activated.
Said control device shall also stop the pump when the nozzle has been
returned to its bracket.
(b)
A means of being secured, locked or otherwise
inoperable when the station is not open for business.
(3)
The areas where said Class 1 liquids are dispensed
shall be equipped with all of the following:
(a)
A traffic mirror, of sufficient size, located
on each end of each pump island to give the attendant clear and unobstructed
view of each island, said mirrors to be installed in locations approved
by the Fire Marshal.
(b)
A two-way communication system of the public
address type to facilitate direct and individual communication between
the control room area and each pump island at all times that Class
1 liquids are being dispensed.
(c)
An automatic fire-extinguishing system installed
in conformity with nationally recognized good practices and standards
approved by the Fire Marshal. Said system shall also be designed so
as to be able to be activated from a location remote from the pump
island area, preferably in the control room area if said station is
so equipped, and to automatically terminate the electrical power to
all service islands in the event of the system's operation. Where
a service station has one self-service island within 30 feet of a
full service island, both self-service and full service islands shall
be so equipped with automatic fire-extinguishing system as provided
herein.
(d)
Signs conspicuously posted setting forth the
operating instructions of the dispensing units and also incorporating
the following or equivalent wording:
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WARNING:
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(1)
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It is unlawful to dispense gasoline into containers
not approved for such use.
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(2)
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No Smoking.
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(3)
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Stop engine.
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(e)
A clearly visible numeral or letter at least
six inches in height shall be conspicuously posted in each island
with a smaller corresponding numeral or letter posted as near as possible
to the automatic fire-extinguishing system controls.
Reference Uniform Code, Section 1164.5.
A.
No person, firm or corporation shall render out of
service, abandon in place or remove from the ground or the premises
any underground storage tank enclosure without complying fully with
the NYS Department of Environmental Conservation DER-10 regulations
for site investigation and removal.
[Amended 10-27-2022 by L.L. No. 5-2022]
B.
The permit application shall specify or have attached:
(1)
A detailed location of the tank or tanks shown on
a plot diagram of the property.
(2)
The location of all other storage tanks shall be shown
on the plot diagram.
(3)
A record of the latest pressure test conducted upon
the tank or tanks.
(4)
Whether tanks are to be temporarily rendered out of
service, abandoned in place or removed from the premises.
(5)
The number of tanks to be rendered out of service,
abandoned in place or removed and their approximate sizes.
(6)
The name of the contractor who shall render the tanks
safe and free of hazardous contents.
(7)
Evidence that all required permits have been obtained
from other agencies which regulate storage tanks.
(8)
If tanks are to be removed, their final destination.
(9)
If tanks are to be removed, the proposed route to
transport tanks out of any of the incorporated villages and the Town
of Warwick.
(10)
The final destination of the product removed
from the tanks, water used to flush the tanks and any contaminated
soil removed from the site. Suspected hazardous soil shall be tested
to determine possible hazard.
C.
No underground storage tank which has not had a recent
pressure test or appears to be leaking or has groundwater contamination
may be rendered out of service or abandoned in place. Testing of soil
samples from beside and under the tank may be required to determine
if the tank is leaking.
D.
Abandonment in place may be done only by filling the
tank completely with concrete slurry or grout.
E.
Abandonment in place, rendering out of service or
removal of tanks shall be done in the presence of the Fire Marshal
or a duly authorized representative.
F.
When tanks are removed from the ground, they shall
be rendered safe and removed from the Town of Warwick in compliance
with NYS Department of Environmental Conservation DER-10, Technical
Guidance for Site Investigation and Remediation. Once tanks are uncovered,
the property owner shall erect secure barricades around the excavation
and shall provide twenty-four-hour-per-day security for the site until
the tanks are removed and the hole is completely filled and graded.
[Amended 10-27-2022 by L.L. No. 5-2022]
G.
Failure to comply with any provision of this section
is a violation of this chapter.
Reference: Uniform Code, Parts 1005, 1006, and
1260 and NFPA 211.
A.
No person, firm or corporation shall erect, construct,
reconstruct, install, modify, use or permit the use of any fireplace,
fireplace insert, wood or coal stove or furnace or any other solid-fuel-burning
heating appliance without first obtaining a permit from the Fire Marshal.
No person, firm or corporation shall use or permit the use of any
solid-fuel-burning heating appliance or associated chimney or flue
unless the installation has been inspected by the Fire Marshal and
a certificate of compliance has been issued by him.
B.
No person, firm or corporation shall use or permit
the use of any solid-fuel-burning heating appliance or associated
chimney or flue which has been subjected to a flue or chimney fire
unless it has been inspected by the Fire Marshal and a certificate
of compliance has been issued by him.
C.
No person, firm or corporation shall remove an existing
solid-fuel-burning heating appliance and replace it with another solid-fuel-burning
heating appliance without first obtaining a permit from the Fire Marshal.
No replacement solid-fuel-burning appliance shall be used unless the
installation has been inspected by the Fire Marshal and a certificate
of compliance has been issued by him.
D.
All installations of solid-fuel-burning appliances
and their associated chimneys and flues shall be in conformance with
the Uniform Code applicable reference standards and with the National
Fire Protection Association.
A.
Violations, procedures for correction, appearance
tickets, fire lane and parking violations.
(1)
It shall be unlawful for any person, firm or corporation
to construct, alter, repair, remove, move, demolish, equip, use, occupy
or maintain any building or structure or portion thereof in violation
of any of the provisions of this chapter or fail in any manner to
comply with any notice, directive or order of the Building Inspector
and/or Fire Marshal or to construct, alter or use and occupy any building
or structure or part thereof in a manner not permitted by an approved
building permit, use permit, plumbing permit or certificate of occupancy.
(2)
Any individual, partnership, corporation or other
firm owning, operating, occupying or maintaining property or premises
within the scope of the Uniform Code or this chapter shall comply
with all the provisions of the Uniform Code, this chapter and all
orders, notices, rules, regulations or determinations issued in connection
therewith.
(3)
Whenever it is found that there has been a violation
of the Uniform Code, this chapter or any rule or regulation adopted
pursuant to this chapter, a violation notice and/or appearance ticket
may be issued to the person, individual, partnership or corporation
owning, operating or maintaining the premises in which such violation
has been noted.
(4)
Violation notices shall be in writing, shall identify
the property or premises, shall specify the violation or remedial
action to be taken and shall provide that said violation must be corrected
within 10 days from the receipt of said violation notice unless said
ten-day period shall be modified in the discretion of the enforcement
officer issuing such violation notice or unless a shorter period of
time has been prescribed for in this chapter.
(5)
Violation notices and other orders or notices referred
to in this chapter shall be served on the owner or one of the owner's
executors, legal representative, agents, lessees, any tenant or other
person occupying the premises or other person having a vested or contingent
interest in the premises, either personally or by certified mail,
addressed to the last known address, if any, the owner or one of the
owner's executors, legal representatives, agents, lessees or other
person having a vested or contingent interest in the same, as shown
by the last preceding completed record of the receiver of taxes or
in the office of the County Clerk.
(6)
Appearance tickets. The Building Inspector and/or
Fire Marshal shall have the authority, pursuant to the Criminal Procedure
Law, to issue an appearance ticket subscribed by him directing a designated
person to appear in court at a designated time in connection with
the commission of a violation of this chapter or any order made thereunder.
B.
Penalties.
(1)
Any person who shall fail to comply with a written
order of the Building Inspector and/or Fire Marshal within the time
fixed for compliance therewith and any owner, builder, architect,
tenant, contractor, subcontractor, plumber, construction superintendent
or their agents or any other person taking part or assisting in the
construction or use of any building who shall violate any of the applicable
provisions of this chapter or any lawful order, notice, directive,
permit or certificate of the Building Inspector and/or Fire Marshal
made thereunder or in addition to any other penalties provided for
in this chapter, any person who shall violate any provision of this
chapter, the Uniform Code, any rules or regulations adopted pursuant
to this chapter or who shall violate or fail to comply with any order
made thereunder or who shall build in violation of any detailed statement
of specification or plans submitted and approved thereunder or any
certificate or permit issued thereunder shall be guilty of an offense
punishable by a fine of not less than $50 nor more than $250 or by
imprisonment for not more than 30 days, or both, and each day such
violation continues shall constitute a separate violation. The imposition
of such penalty shall not be held to prohibit the enforced removal
of prohibited conditions by any appropriate remedy, including immediate
application for an injunction.
(2)
An action or proceeding in the name of the Town of
Warwick, New York, may be commenced in any court of competent jurisdiction
to compel compliance with or restrain by injunction the violation
of any provision of the Uniform Code, this chapter, rule or regulation
adopted pursuant to this chapter or a violation of any order 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.
(Reserved)
This chapter shall not be constructed to hold
any code enforcement office of the Town of Warwick or the Town of
Warwick responsible for any damages to persons or property by reason
of the inspection or reinspection authorized herein or failure to
inspect or reinspect as required by any permits under this chapter,
nor shall it be liable for any damage to persons or property by reason
of the Building Inspector's and/or Fire Marshal's exercising his discretion,
as provided in this chapter.
If any clause, sentence, phrase, paragraph or
any part of this chapter shall for any reason be adjudged finally
by a court of competent jurisdiction to be invalid, such judgment
shall not affect, impair or invalidate the remainder of this chapter
but shall be confined in its operation and effect to the clause, sentence,
phrase, paragraph or part thereof directly involved in the controversy
or action in which such judgment shall have been rendered. It is hereby
declared to be the legislative intent that the remainder of this chapter
would have been adopted had any such provisions not been included.
In the event that the provisions of this chapter
shall be in conflict with any other law, rule or regulation, the more
stringent provision shall govern.
Upon the effective date of this chapter, the
following existing local law of the Town of Warwick is hereby repealed.[1]
This chapter shall take effect immediately upon
its filing with the Secretary of State in accordance with the provisions
of § 27 of the Municipal Home Rule Law.
