[Adopted 11-26-85 by L.L. No. 6-1985]
[Amended 5-25-2005 by Ord. No. 3-2005; 2-9-2016 by Ord. No. 1-2016]
A.
This article shall provide the basic method for administration and enforcement of Chapter C, Fire Prevention, in the City of Gloversville and shall establish powers, duties and responsibilities in connection therewith.
B.
OWNER
Terms and definitions. As used in this section, the following terms
shall have the meanings indicated:
Any person who, alone or jointly or severally with others,
shall have legal or equitable title to any premises, with or without
accompanying actual possession thereof; or shall have charge, care
or control of any premises as owner or agent of the owner, or as fiduciary,
including but not limited to executor, executrix, administrator, administratrix,
trustee, receiver or guardian of the estate, or as a mortgagee in
possession, regardless of how such possession was obtained. Any person
who is a lessee subletting or reassigning any part or all of any premises
shall be deemed to be a co-owner with the lessor and shall have joint
responsibility over the portion of the premises sublet or assigned
by said lessee.
[Amended 5-25-2005 by Ord. No. 3-2005]
There is hereby designated the Fire Chief to
administer and enforce the New York State Uniform Fire Prevention
and Building Code within the City of Gloversville. The Building Inspector
shall provide technical assistance to the Fire Chief and shall make
inspections and prepare reports of findings and recommendations as
requested by the Fire Chief.
A.
The Common Council may adopt rules and regulations
for the administration and enforcement of the New York State Uniform
Fire Prevention and Building Code. Such rules and regulations shall
not conflict with the New York State Uniform Fire Prevention and Building
Code, this article or any other provision of law.
[Amended 5-25-2005 by Ord. No. 3-2005]
B.
The Common Council shall publish all rules and regulations
at least 10 days prior to the effective date thereof in a newspaper
of general circulation within the City of Gloversville.
A.
General provisions governing permits.
(1)
Issuance; permit application specifications; fee schedule;
renewal fees for storage of flammable and combustible liquids:
[Amended 12-27-1988 by Ord. No. 88-37; 7-28-2020 by Ord. No. 08-2020]
(a)
Upon approval by the Fire Chief and upon payment of the fees set forth in Subsection A(1)(c) herein, permits for heating units shall be issued by and bear the name and signature of the City Clerk.
(b)
Applications for permits shall specify:
(d)
Annual permit renewal fees for the storage of flammable and
combustible liquids, either above or below ground, shall be calculated
as follows: $10 for the first 1,000 gallons and $5 for each additional
1,000 gallons or part thereof, up to 4,000 gallons maximum. All storage
facilities capable of storing in excess of 4,000 gallons of flammable
or combustible liquids shall be assessed a flat fee of $25 annually.
(2)
Permits shall not be transferable, and any change
in activity, operation. location, ownership or use shall require a
new permit.
(3)
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.
(4)
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.
(5)
Location of permits. Permits shall be kept on the
property or premises covered by the permit.
(6)
Revocation of permits. A permit may be suspended or
revoked when it is determined 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.
B.
A permit is required for the handling and storage
of the following:
(1)
Cellulose nitrate motion-picture film: to store, keep
or have on hand more than 25 pounds of cellulose nitrate motion-picture
film.
(2)
Cellulose nitrate plastics (pyroxylin):
(3)
Combustible fibers: to store, handle or use combustible
fibers in quantities in excess of 100 cubic feet, except agricultural
products on a farm.
(4)
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 2,500 cubic feet gross
volume on any premises.
(6)
Cryogenics: to store, handle or use cryogenic fluids,
except cryogenics used as a motor fuel and stored in motor vehicle
tanks, as follows: storage or use of flammable cryogenic fluids, cryogenic
oxidizers or liquefied oxygen in excess of 10 gallons.
(7)
Explosives, blasting agents and fireworks.
(8)
Hazardous chemicals: to store, handle or use more
than 55 gallons of corrosive liquids, more than 50 pounds of oxidizing
materials, more than 10 pounds of organic peroxides, more than 50
pounds of nitromethane or 1,000 pounds or more of ammonium nitrate
fertilizers and fertilizer mixtures containing 60% or more ammonium
or any amount of toxic materials or poisonous gas.
(9)
Water-reactive, air-reactive or otherwise unstable
chemicals: to store, handle or use any quantity of air-reactive, water-reactive
or unstable materials.
(10)
LP gas: to handle or store in excess of 99 pounds
or more.
(11)
Magnesium: for melting, casting, heat treating,
machining or grinding of more than 10 pounds of magnesium per working
day.
(12)
Flammable and combustible liquids:
(a)
To store, handle or use flammable liquids in
excess of six and one-half (6 1/2) gallons inside dwellings;
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 liquids in fuel tanks of a motor vehicle, aircraft,
portable or stationary engine, boat or portable heating plant or to
paints, oils, varnishes or similar flammable mixtures, when such liquids
are stored for maintenance, painting or similar purposes.
(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.
(13)
Matches: to store in excess of 25 cases.
C.
A permit is required to occupy or use a building,
structure or premises as hereinafter set forth:
(1)
Auto tire rebuilding plant.
(2)
Auto wrecking yard.
(3)
Bowling establishment: for bowling pin refinishing
and bowling lane resurfacing operations involving the use and application
of flammable or combustible liquids or materials.
(4)
Dry cleaning plant: to use in excess of four gallons
of solvents or cleaning agents classified as flammable or combustible.
(5)
Dust-producing facility: to operate any grain elevator
or flour, starch or feed mill, woodworking plant or plant pulverizing
aluminum, coal, cocoa, plastics, magnesium, spices, sugar or other
materials producing explosive-potential dust.
(7)
Flammable finishing: for spraying, coating or dipping
operations utilizing flammable or combustible liquids.
(8)
Fruit ripening process: to conduct a fruit ripening
process using ethylene gas.
(9)
Junkyard.
(10)
Lumberyard.
(11)
Manufacture of matches.
(12)
Organic coatings: to perform organic coating
operations utilizing more than one gallon of organic coating on any
working day.
(13)
Ovens and furnaces (industrial): to operate
industrial processing ovens and furnaces operating at approximately
atmospheric pressures and temperatures not exceeding 1,400º 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.
(14)
Place of public assembly.
(15)
Service station (including self-service facilities).
(16)
Repair garage (including body shops).
(17)
Tents and air-supported structures.
(18)
Multiple dwellings consisting of:
[Amended 5-28-2019 by Ord. No. 12-2019; 5-10-2022 by Ord. No. 09-2022; 12-13-2022 by Ord. No. 16-2022]
(a)
Buildings with four or more residential units regardless of
whether any unit is owner-occupied – annual permit required;
or
(b)
Buildings with three residential units regardless of whether
any unit is owner-occupied – biennial permit required.
(c)
Buildings with two residential units where none of the units
are occupied by the owner of the building – biennial permit
required.
(19)
Institutional occupancies (Group C6 occupancies).
(20)
Amusement gatherings.
(21)
Manufacture of flammable and combustible liquids:
for processing, blending or refining of flammable or combustible liquids.
D.
A permit is required to install and operate:
(1)
Acetylene generators: to operate an acetylene generator
having a calcium carbide capacity exceeding five pounds.
(3)
Fumigation and thermal insecticidal fogging equipment.
(4)
Dumpsters.
(5)
Dip tanks.
(6)
Spray finishing equipment.
(7)
Electrostatic apparatus.
(8)
Welding and cutting equipment: 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.
(9)
Aboveground and underground fuel storage tanks (gas,
oil or other flammable liquid storage).
(10)
Fire alarm equipment.
[Amended 11-23-2004 by Ord. No. 11-2004]
A.
All windows, doors and similar openings are to be
covered with plywood, which shall be at least 5/8 inch in thickness,
or shall be covered with some other durable substance acceptable to
the Code Enforcement Officer.
B.
The covering shall be cut in such a manner that it
fits the storm sash recess of the window frame when appropriate.
C.
The exterior face of all plywood or other coverings
installed shall be painted with an exterior paint of good quality
to protect and preserve the plywood. The colors shall be similar to
the house or trim paint.
D.
All doors secured with a hasp and padlock shall have
the hasp installed in accordance with manufacturer's directions so
that screws securing the hasp are installed to prevent unauthorized
removal.
E.
Any padlock employed shall be one of good service
and dependable quality.
F.
All vacant buildings shall be conspicuously posted
by the Fire Department.
G.
No vacant building shall be reoccupied nor shall any
signs posted by the Fire Department be removed unless and until inspected
and approved by the Fire Chief or his authorized representative.
[Amended 6-23-1992 by Ord. No. 10-92; 5-25-2005 by Ord. No. 3-2005; 5-23-2006 by Ord. No. 2-2006; 8-27-2019 by Ord. No. 17-2019; 5-10-2022 by Ord. No. 08-2022]
A.
The Fire Chief or his duly authorized code enforcement
officer shall conduct periodic inspections for compliance with the
New York State Uniform Fire Prevention and Building Code.
B.
If entrance to make an inspection is refused or cannot
be obtained, the Fire Chief, with the aid of the City Attorney, may
apply for a warrant to make an inspection to any court of competent
jurisdiction.
C.
Multiple-dwelling inspections. An inspection by the Fire Chief or his duly authorized code enforcement officer is required before a permit is issued on a multiple-dwelling building as defined in § 102-35C(18)(a) and (b) of the Gloversville City Code:
(1)
Notice will be sent by first-class mail to the property owner on
file when inspection is due. The property owner must schedule within
30 days of the postmarked date.
(2)
Any follow-up inspection required must be scheduled within 30 days
of the prior inspection.
(3)
Any property owner who fails to schedule any follow-up inspections
within the thirty-day time period will be issued a summons and appearance
ticket.
(4)
Once inspection has been completed to the standard of the Code Enforcement
Officer, an invoice will be generated by the Commissioner of Finance
Office and mailed to the property owner to the address on file with
the City of Gloversville. The invoice must be paid within 30 days.
The multiple-dwelling permit will be issued upon payment of the invoice.
(5)
Penalty
for offense. Any person or entity found in violation of any provision
of this section may be punished by a fine of not less than $250 nor
more than $1,000 for each day that said violation exists.
D.
Fees for
inspections.
(1)
Multiple-dwelling
inspection fees:
(a)
Initial inspection: free.
(b)
First follow-up inspection: free.
(c)
Second follow-up inspection: $100.
(d)
Third and all further follow-up inspections: $250.
(e)
Cancellation, reschedule, or failure to be present for a prescheduled
inspection appointment: $50.
(f)
Failure to have an inspection conducted within 30 days from the expiration
of a multiple-dwelling permit: $50 for each thirty-day period.
[1]
A summons and appearance ticket will be issued after the third consecutive
cancellation, reschedule or failure to be present for a prescheduled
inspection appointment.
(g)
Multiple-dwelling permit fee: $50.
(2)
Place
of public assembly permit inspections: $50.
(3)
Hazardous
materials handling and storage permit inspection: $50.
[Amended 5-25-2005 by Ord. No. 3-2005; 5-10-2016 by Ord. No. 3-2016]
A.
A person owning, operating, occupying or maintaining property or
premises within the scope of the New York State Uniform Fire Prevention
and Building Code or this article shall comply with all the provisions
of the New York State Uniform Fire Prevention and Building Code, this
article and all orders, notices, rules, regulations or determinations
issued in connection therewith.
B.
Whenever the Fire Chief determines that there has been a violation
of the New York State Uniform Fire Prevention and Building 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.
C.
Violation orders shall be in writing, identify the property or premises,
specify the violation and remedial action to be taken and shall provide
a reasonable time limit for compliance.
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 mailing a copy thereof to the premises,
within five days of the date of posting, enclosed in a postpaid wrapper
addressed to the person responsible.
[Amended 11-3-1998 by L.L. No. 5-1998; 5-25-2005 by Ord. No.
3-2005]
A.
Failure to comply with any of the provisions of the
New York State Uniform Fire Prevention and Building Code, this Article,
rules or regulations adopted pursuant to this Article or a violation
order shall be deemed a 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.
B.
An action or proceeding in the name of the City of
Gloversville may be commenced in any court of competent jurisdiction
to compel compliance with or to restrain by injunction the violation
of any provision of the New York State Uniform Fire Prevention and
Building Code, this Article or any rules or regulations adopted pursuant
to this Article or a violation order or to vacate the occupancy of
any building or premises in case of imminent danger to life or property.
Such remedy shall be in addition to penalties otherwise prescribed
by law.
The Fire Chief shall keep official records of
all permits, inspection reports, recommendations, complaints and violation
orders.
A.
A building or structure or any part thereof which
is in imminent danger to the 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 Chief determines a building or structure or any part thereof to be an imminent danger to the life and safety of the public as a result of a fire or explosion, the Fire Chief 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 or may refer the building to the Building Inspector as prescribed in Chapter 110, Buildings, Unsafe, of the Code of the City of Gloversville.
C.
The Fire Chief 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 City of Gloversville
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 Chief 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 City of Gloversville.
[Amended 5-25-2005 by Ord. No. 3-2005]
An appeal by an aggrieved person may be made
to the Board of Review created by Executive Law § 381, Subdivision
1f, and described in Title 19 of the New York Codes, Rules and Regulations.
Appeals shall be made as prescribed by the Board of Review.
