[HISTORY: Adopted by the City Council of the City of Glen Cove 8-25-1981 by L.L. No. 1-1981 as Ch. 55, Art. I, of the 1981 Code. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "City of Glen Cove Fire Prevention and Safety Ordinance."
The Nassau County Fire Prevention Code is hereby made applicable to the City of Glen Cove.
The Mayor, with the consent of four members of the City Council, exclusive of the Mayor, shall appoint a Fire Inspector to make inspections and to perform such other fire prevention work as provided in this chapter. Any member of the City of Glen Cove Volunteer Fire Department may also be authorized by the Mayor to make inspections and to perform such other fire prevention work as provided in this chapter.
Generally. It shall be the duty of the Fire Inspector to enforce all laws, ordinances, rules and regulations of the state, county and city applicable to the City of Glen Cove as follows:
The prevention of fire.
The storage and use of explosives and inflammables.
The installation and maintenance of automatic and other fire alarm systems and fire extinguishers and equipment.
The maintenance and regulation of fire escapes.
The means and adequacy of exits and fire escapes in case of fire from factories, schools, hotels, lodging houses, asylums, hospitals, churches, halls, theaters and all other places in which numbers of persons work, live or congregate from time to time for any purpose.
The investigation of causes, origin and circumstances of fires.
The conducting of fire prevention campaigns and the preparation and circularization of fire prevention literature.
Additional powers. The Fire Inspector shall have such other powers and perform such other duties as are set forth in other sections of this chapter, and as may be conferred and imposed upon him or her from time to time by law.
Notwithstanding any provision herein to the contrary, the Assistant Building Inspector, Multiple Residence Inspectors and Code Enforcement Officers under the supervision of the Building Department Administrator shall have the authority to enforce the provisions of this chapter.
Purposes. The Fire Inspector is hereby empowered and authorized, at any and all reasonable times and as often as necessary, to enter upon and into any premises, building and structure within the limits of the city, except the interior of private dwellings, for the purpose of examining and inspecting the same to ascertain the condition thereof with regard to the presence and arrangements of deposits of any articles, materials, substances, goods, wares or merchandise which may have a tendency to create danger of or from fire in such premises, building or structure, or to create danger in case of fire on or in the same, or personal injury to or loss of life of the occupants of or persons on or in such premises, building or structure; also with regard to the condition, size, arrangement and efficiency of any and all appliances for protection against fire on or in such premises, building or structure; also any violations of any laws, ordinances, rules or regulations of the State of New York, County of Nassau and City of Glen Cove affecting or dealing with fire hazard.
Admission to buildings. If admission is refused or cannot be obtained from the person in possession or occupancy, the Fire Inspector shall be authorized to obtain a warrant to make an inspection, provided that reasonable or probable cause is shown.
Emergency. In case of an emergency, the Fire Inspector may, without a warrant, enter any premises or parts of premises to inspect the same, at any time, without the permission of the person in possession or occupancy.
Reports of inspection. The Fire Inspector shall report in writing to the Building Department and such other department or office as directed by the Mayor.
If the Fire Inspector shall find upon such inspection of such premises, building or structure any rubbish, debris, waste or flammable or combustible materials and that the same is not so arranged or disposed of as to afford reasonable safeguard against the danger of fire, or shall find that the articles, materials, goods, wares and merchandise on or in such premises, building or structure or fire escapes so arranged and disposed that the occupants thereof or persons rightfully in or on the same would not, because of such arrangement and disposition, be afforded reasonable access to the exits of such premises, building or structure in case of fire, or shall find that by reason of such arrangement or disposition the members of the Fire Department would unnecessarily or unreasonably be interfered with in the exercise of their duties in and about such premises, building or structure in the case of fire in the same, the Fire Inspector may order in writing the removal of such rubbish, debris, waste or flammable or combustible materials from such premises, building or structure, or the disposing or arranging of the same on or in such premises, building or structure in such manner as will remove such danger from fire. He or she may also order in writing that such articles, materials, goods, wares or merchandise be so arranged and disposed on or in such premises, building or structure that the occupants thereof, or the persons rightfully in or on the same, will be afforded all reasonable access to the exits from the same in case of fire, and the members of the Fire Department will be afforded all reasonable facilities for the discharge of their duties in and about such premises, building or structure in the case of fire.
If the Fire Inspector shall find that the appliances on or in such premises, building or structure for the protection against fire are not in proper condition or of sufficient size and number, or are otherwise insufficient for the purpose for which the same are designated or intended, or shall find that such appliances are reasonably necessary for the protection of such premises, building or structure and are wholly wanting, the Fire Inspector shall order, in the case of such improper condition or insufficiency, that the same be placed in the proper conditions and rendered reasonably sufficient to afford reasonable protection against fire, and in the case of absence of such appliances where it may be found that they are reasonably necessary for protection against fire, the Fire Inspector shall order the installation of such appliances sufficient to afford such reasonable protection in the case of fire to such premises, building or structure and to the occupants thereof or persons rightfully on or in the same. Notwithstanding any provisions herein to the contrary, fuel-burning space heaters shall not be used in any dwelling unit or any habitable room where heat is required to be provided by the Uniform Fire Prevention and Building Code unless the Mayor has declared a state of emergency due to a power outage.
Direction of order. The orders provided for in this chapter shall be directed to the owner, lessee or occupant of such premises, building or structure or to the owner or person in control of the articles, materials, goods, wares or merchandise therein referred to, as the circumstances may require.
Service. The service of the order required in this chapter shall be made by mailing a copy thereof to his or her duly authorized agent, or by mailing to the last known address of the owner of the premises in question or delivering a copy thereof to the owner, occupant or person in charge, or by delivering a copy thereof to any person of suitable age and discretion in charge or apparently in charge of the premises, or, if no person be found in charge of the premises, then by affixing a copy of such order in a prominent place on the exterior of such premises.
Compliance required. It is hereby made the duty of such owner, lessee or occupant of such premises, building or structure, and of such person in control of such articles, materials, goods, wares and merchandise, or the owner thereof, to comply with such order or orders within the time and in the manner directed.
It shall be the duty of the Fire Inspector to inspect as often as necessary upon the complaint of any citizen, fire fighter or police officer, but not less than once a year, any portions of the city, all buildings, premises and public thoroughfares, except the interior of private dwellings.
The Fire Inspector shall sign, or cause to be signed, all orders required to be issued from such office, and shall keep a record of the same. He or she shall also keep, or cause to be kept, a proper record of all inspections, investigations or examinations made by the Fire Inspector, including the date of inspection, investigation or examination and a summary of the violation or violations found to exist, if any, the date of the service of the order, a memorandum of the final disposition of all violations found to exist and a proper record of all other transactions and operations of the office.
It shall be the duty of the Fire Chief to require teachers of public, private and parochial schools and educational institutions to have one fire drill each month and to keep all doors and exits unlocked during school hours.
[Added 12-22-1997; 6-27-2000]
Any person or corporation or officer thereof who shall violate any of the provisions of this chapter, or who fails to comply therewith or who shall fail to comply with any written notice of violation or order issued by the Building Department Administrator, shall be guilty of a violation within the meaning of the New York Penal Law and, upon conviction, shall be liable to a fine of not less than $1,000 nor more than $2,000 or to imprisonment for a period not to exceed 15 days, or both; and, upon a second conviction for the same offense committed within five years of the date of the first offense, shall be liable to a fine of not less than $2,000 nor more than $3,500 or to imprisonment for a period not to exceed 15 days, or both; and, upon a third conviction for the same offense committed within five years of the date of the second offense, shall be liable to a fine of not less than $3,500 nor more than $5,000 or to imprisonment for a period not to exceed 15 days, or both. Each week that any such violation continues shall constitute a separate and distinct violation. The owner or owners of any building or premises or part thereof where a violation of any of the provisions of this chapter shall exist or any lessee, tenant, builder, contractor, subcontractor, agent, person or corporation employed in connection therewith and any person who assisted in the commission of any such violation shall each be guilty of a separate offense and, upon conviction thereof, shall be punishable as herein provided.
Editor's Note: Former Subsection B, regarding notices of violation, which immediately followed, was repealed 4-25-2000.