[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.
A.
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:
(1)
The prevention of fire.
(2)
The storage and use of explosives and inflammables.
(3)
The installation and maintenance of automatic and other
fire alarm systems and fire extinguishers and equipment.
(4)
The maintenance and regulation of fire escapes.
(5)
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.
(6)
The investigation of causes, origin and circumstances
of fires.
(7)
The conducting of fire prevention campaigns and the preparation
and circularization of fire prevention literature.
B.
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.
[Added 6-24-2003]
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.
A.
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.
B.
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.
C.
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.
D.
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.
[Amended 6-24-2003]
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.
A.
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.
B.
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.
C.
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.[1]
[1]
Editor's Note: Former Subsection B, regarding notices of violation,
which immediately followed, was repealed 4-25-2000.
