[HISTORY: Adopted by the Board of Trustees
of the Village of Hammondsport 7-29-1980 as L.L. No. 2-1980.
Section 60-6F amended at time of adoption of Code; see Ch. 1, General
Provisions, Art. I. Other amendments noted where applicable.]
This chapter shall provide the basic method
for administration and enforcement of the State Fire Prevention Code
in the Village of Hammondsport and shall establish powers, duties
and responsibilities in connection therewith.
There is hereby designated the official position
of Fire Inspector, the number of which shall from time to time be
determined by resolution of the Board of Trustees, to administer and
enforce the State Fire Prevention Code within the Village of Hammondsport.
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 chapter or any other provision of law.
B.
The Fire Inspector shall publish all rules and regulations
at least 20 days prior to the effective date thereof in a newspaper
of general circulation within the Village of Hammondsport.
A.
Upon payment of fees as prescribed in the schedule
of fees adopted by the Fire Inspector, permits shall be issued by
and bear the name and signature of the Fire Inspector and shall specify:
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
time 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 for the following:
(1)
Acetylene generators: to operate an acetylene generator
having a calcium carbide capacity exceeding five pounds.
(2)
Automobile tire rebuilding plants: to operate an automobile
tire rebuilding plant.
(3)
Automobile wrecking yards: to operate an automobile
wrecking yard.
(4)
Bowling establishment: for bowling pin refinishing
and bowling lane resurfacing operations involving the use and application
of flammable or combustible liquids or materials.
(5)
Cellulose nitrate motion-picture film: to store, keep
or have on hand more then 25 pounds of cellulose ntirate motion-picture
film.
(6)
Cellulose nitrate plastics (pyroxylin):
(7)
Combustible fibers: to store, handle or use combustible
fibers in quantities in excess of 100 cubic feet, except agricultural
products on a farm.
(8)
Combustible materials: to store combustible materials,
including but not limited to empty combustible packing cases, boxes,
barrels or similar materials in excess of 2,500 cubic feet gross volume,
on any premises.
(10)
Cryogenics: to store, handle or use cryogenic fluids,
except cryogenics used as a motor fuel and stored in motor vehicle
tanks, as follows:
(11)
Dry-cleaning plants: to use in excess of four gallons
of solvents or cleaning agents classified as flammable or combustible.
(12)
Dust-producing plants: to operate any grain elevator,
flour, starch or feed mill, woodworking plant or plant pulverizing
aluminum, coal, cocoa, plastics, magnesium, spices, sugar, sulfur
or other materials producing explosive-potential dust.
(14)
Flammable and combustible liquids:
(a)
To store, handle or use flammable liquids in
excess of 6 1/2 gallons inside dwellings or in excess of 10 gallons
inside any other building or other occupancy or in excess of 60 gallons
outside of any building. This provision shall not apply to:
(b)
To store, handle or use combustible liquids
in excess of 25 gallons inside a building or in excess of 60 gallons
outside of a building. This provision shall not apply to fuel oil
used in connection with oil-burning equipment.
(c)
A permit shall be obtained for the initial installation
of an oil burner and a fuel oil tank used in connection therewith.
A permit shall be required for the replacement of a fuel oil tank
connected to an oil burner.
(d)
For processing, blending or refining of flammable
or combustible liquids.
(15)
Flammable finishing: for spraying, coating or dipping
operations utilizing flammable or combustible liquids.
(16)
Fruit-ripening process: to conduct a fruit-ripening
process using ethylene gas.
(17)
Fumigation and thermal insecticidal fogging: to conduct
fumigation or thermal insecticidal fogging operations.
(18)
Hazardous chemicals:
(a)
To store, handle or use more than 55 gallons
of corrosive liquids or more than 50 pounds of oxidizing materials
or more than 10 pounds of organic peroxides or more than 50 pounds
of nitromethane or 1,000 pounds or more of ammonium nitrate, ammonium
nitrate fertilizers and fertilizer mixtures containing 60% or more
ammonium or any amount of toxic materials or poisonous gas.
(b)
To store, handle or use any quantity of air-reactive,
water-reactive or unstable materials.
(19)
Junkyards: to operate a junkyard.
(20)
Liquefied petroleum gas: for each installation of
liquefied petroleum gas employing a container or an aggregate of interconnected
containers of over 2,000 gallons' water capacity and for each
permanent installation, irrespective of size of containers, made at
buildings in which 20 or more persons congregate for civic, political,
educational, religious, social or recreational purposes. Installers
shall maintain a record of all installations and replacement of portable
cylinders and have it available for inspection.
(21)
Lumberyards: to operate a lumberyard.
(22)
Magnesium: for melting, casting, heat treating, machining
or grinding of more than 10 pounds of magnesium per working day.
(24)
Organic coatings: to perform organic coating operations
utilizing more than one gallon of organic coating on any working day.
(25)
Ovens and furnaces: to operate industrial processing
ovens and furnaces operating at approximately atmospheric pressures
and temperatures not exceeding 1,400° F., which are heated with
oil or gas fuel or which during operation contain flammable vapors
from the material in the oven or catalytic combustion system.
(26)
Places of assembly: to maintain, operate or use a
place of assembly.
(27)
Service stations and repair garages: to operate a
service station or repair garage.
(28)
Welding and cutting: to operate a welding and cutting
business. A record of all locations where welding or cutting operations
are performed shall be maintained and kept available for inspection
by the permit holder.
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 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 that 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
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 chapter shall comply with all the provisions of the State
Fire Prevention Code, this chapter and all orders, notices, rules,
regulations or determinations issued in connection therewith.
B.
Whenever the Fire Inspector finds that there has been
a violation of the State Fire Prevention Code, this chapter or any
rule or regulation adopted pursuant to this chapter, a violation order
shall be issued to the person or persons responsible.
C.
Violation orders shall be in writing, shall indentify
the property or premises, shall specify the violation and remedial
action to be taken, shall provide a reasonable time limit for compliance
and shall state the time within which an appeal may be taken.
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
wrapper 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
Attorney of the Village of Hammondsport.
F.
Failure to comply with any provision of the State
Fire Prevention Code, this chapter, rules or regulations adopted pursuant
to this chapter or a violation order shall be deemed in violation,
and the violator shall be liable for a fine of not more than $1,000
or imprisonment not to exceed one year, or both, and each day such
violation continues shall constitute a separate violation.[1]
G.
An action or proceeding in the name of the Village
of Hammondsport 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 chapter,
rules or regulations adopted pursuant to this chapter 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 and 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 and safety of the
public as a result of a fire or explosion, the Fire Inspector may
cause it to be demolished and removed or 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, repairs or to demolish and remove such building
or structure or part thereof.
D.
All costs and expenses incurred by the Fire Inspector
of the Village of Hammondsport 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 indentifying 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 are
provided by law for the collection and enforcement of real property
taxes in the Village of Hammondsport.
A.
A Board of Review is hereby established for the purpose
of granting variances where enforcement of any provision or requirement
of the State Fire Prevention Code results in practical difficulties
or unnecessary hardships. Any such variance shall be consistent with
the spirit of the code and shall not be inconsistent with Subdivision
2 of § 391 of the Executive Law.
B.
Membership; terms of office.
(1)
The Board of Review shall be composed of three persons,
to be appointed by the Mayor with the approval of the Village Board.
(2)
The term of each member shall be for three years or
until his successor shall be appointed and qualifies. The terms of
the members of the Board shall be staggered, and upon initial appointment,
the Mayor shall designate the initial term of each member. Subsequent
appointments shall be for a full term, except an appointment to fill
a vacancy shall be for the remainder of the term of office.
(3)
The Mayor shall appoint a Chairman, who shall preside
at all meetings.
C.
The Board of Review may adopt regulations governing
its procedures and appropriate forms for efficient administration.
D.
The Fire Inspector shall obtain a copy of the Board
of Review's decisions for its records.
