[HISTORY: Adopted by the Common Council of the City of North
Tonawanda: Art. I, 9-4-1956, amended in its entirety 1-4-1983 by L.L. No. 1-1983;
Art. II, 9-4-1984. Subsequent amendments noted where applicable.]
[Adopted 9-4-1956, amended in its entirety 1-4-1983 by L.L. No. 1-1983]
A.
The
State Fire Prevention Code is adopted, accepted and made applicable
within the City of North Tonawanda, in accordance with the provisions
of § 392 of the Executive Law.
B.
The
North Tonawanda Fire Department, Bureau of Fire Prevention, is hereby
designated to administer and enforce the State Fire Prevention Code
within the City of North Tonawanda.
C.
The
Bureau of Fire Prevention may adopt rules and regulations for the
administration and enforcement of the State Fire Prevention Code and
shall publish all rules and regulations so adopted at least 30 days
prior to the effective date thereof in a newspaper of general circulation
within the city. Such rules and regulations shall not conflict with
the State Fire Prevention Code, this local law or any other provision
of law.
A.
Permits
issued by the Bureau of Fire Prevention shall be required in the following
cases:
(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 establishments. 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 than 25 pounds of cellulose nitrate 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 containers, rubber tires, baled cotton, rubber, cork or
other 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 or
fertilizer mixtures containing 60% or more ammonium or any amount
of toxic material 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 or interconnected containers
of over 2,000 gallons' water capacity, and for each permanent
installation, irrespective of size of containers, made of 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)
Outdoor fires. To kindle or maintain any outdoor fire with the exception
of outdoor grills and fireplaces for the purpose of preparing food.
(26)
Ovens and furnaces. To operate industrial processing ovens and furnances
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.
(27)
Places of assembly. To maintain, operate or use a place of assembly.
(28)
Service stations and repair garages. To operate a service station
or repair garage.
(29)
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.
B.
All
permits shall be issued and bear the name and signature of the Chief
of the Bureau of Fire Prevention or his designee or assistant and
shall be issued only upon payment of any required fees as prescribed
in the schedule of fees adopted by the Bureau of Fire Prevention.
C.
All
permits shall specify the activity or operation for which the permit
is issued, the address or location where the activity or operation
is to be conducted, the name or address of the permittee, the permit
number and date of issuance, and the period of permit validity.
D.
Permits
shall not be transferable, and any change in activity, operation,
location, ownership or use shall require a new permit.
E.
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 activity authorized within the required time
period.
F.
Permits
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.
G.
Permits
shall be available for examination on property or premises covered
by the permit or shall be carried by the permit holder.
A.
The
Bureau of Fire Prevention 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
Bureau of Fire Prevention 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 local law
shall comply with all the provisions of the State Fire Prevention
Code, this local law and all orders, notices, rules, regulations or
determinations issued in connection therewith.
B.
Whenever
the Bureau of Fire Prevention finds that there has been a violation
of the State Fire Prevention Code, this local law or any rule or regulation
adopted pursuant to this local law, a violation order shall be issued
to the person or persons responsible.
C.
Violation
orders shall be in writing, shall identify 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 City Attorney.
A.
Failure
to comply with any provision of the State Fire Prevention Code (see
§ 385, Executive Law), this local law, rules or regulations
adopted pursuant to this local law or a violation order shall be deemed
a violation, and the violator shall be liable for a fine of up to
$500 or imprisonment not to exceed 30 days, 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 North Tonawanda 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 local law, rule or regulation adopted
pursuant to this local law 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 Bureau of Fire Prevention 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 Bureau of Fire Prevention 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 Bureau of Fire Prevention
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
Bureau of Fire Prevention 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 City of North Tonawanda 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 Bureau of Fire Prevention 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 North Tonawanda.
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.
The
Board of Review shall be composed of three persons, to be appointed
by the Mayor. 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 that an appointment
to fill a vacancy shall be for the remainder of the term of office.
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.
If any section of this local law shall be held unconstitutional,
invalid or ineffective, in whole or part, such determination shall
not be deemed to affect, impair or invalidate the remainder thereof.
[Added 9-4-84]
A.
Declaration of intent. The Common Council hereby finds and declares
that smoke detectors, when properly installed and maintained, save
lives and minimize property loss in case of fire. In consideration
of the foregoing and in accordance with the Common Council's
obligation to enact legislation to protect the health, safety and
welfare of the inhabitants of the City of North Tonawanda, this ordinance
is enacted.
B.
Responsibilities. It shall be the responsibility of every owner of
an occupied dwelling unit in the City of North Tonawanda to comply
with the requirements of this ordinance with respect to the installation
of smoke detectors. It shall be the responsibility of every owner
of an occupied dwelling unit in the City of North Tonawanda to assure
that any smoke detector required by this ordinance is maintained in
accordance with its provisions. The City of North Tonawanda shall
not be liable for any damages incurred as a result of noncompliance
with the terms of this ordinance.
Every smoke detector required to be installed and maintained
by this ordinance must be capable of detecting visible or invisible
particles of combustion and providing a suitable audible alarm thereof.
Every detector required to be installed and maintained by this ordinance
must be installed and located so as to avoid dead-air space, be reasonably
free from false alarms and provide visible indication that the alarm
is energized.
A.
In all multiple dwellings housing three or more apartments hereafter
constructed in the City of North Tonawanda, at least one smoke detector
of a type approved by the North Tonawanda Fire Department shall be
installed in every dwelling unit. Such smoke detector shall be directly
connected to the lighting circuit of the dwelling unit with no intervening
wall switch. Cordconnected installations shall not be permitted. At
least one smoke detector shall be installed to protect each sleeping
area and must have an alarm which is clearly audible in adjoining
sleeping spaces with intervening doors closed.
B.
In all multiple dwellings, a smoke-detector system approved by the
North Tonawanda Fire Department shall be installed in all public halls
and stairways in a manner that the North Tonawanda Fire Department
shall direct. This system shall be connected to an alarm which is
clearly audible throughout the building.
C.
The builder and/or owner of any new multiple dwelling in the City
of North Tonawanda shall be responsible for the installation of the
required smoke detectors and smoke-detector system prior to the occupation
of the building. Every smoke detector and smoke-detector system required
by this subsection shall be maintained in proper working condition
at all times.
A.
On or before January 1, 1985, at least one smoke detector of a type
approved by the North Tonawanda Fire Department shall be installed
in every dwelling unit in existing multiple dwellings. Said smoke
detector may be wired directly to the power supply or operated by
a self-monitored battery or connected to a plug-in outlet. However,
in no event may any smoke detector required by this section be controlled
by any switch other than the main power supply, and any plug-in outlet
must be fitted with a plug restrainer device. At least one smoke detector
shall be installed to protect each sleeping area and must have an
alarm which is clearly audible in adjoining sleeping spaces with intervening
doors closed.
B.
On or before January 1, 1985, a smoke-detector system, approved by
the North Tonawanda Fire Department, shall be installed in all public
halls and stairways in every multiple dwelling. Such system shall
be connected to an alarm which is clearly audible throughout the building,
and shall be installed in a manner that the North Tonawanda Fire Department
shall direct.
C.
The owner of every multiple dwelling in the City of North Tonawanda
shall be responsible for the installation of the required smoke detectors
and smoke-detector alarm system. Said smoke detectors and alarm system
shall at all times be maintained in proper working condition, and
such maintenance shall be the responsibility of the owner.
A.
In all one- and two-family dwellings constructed after the effective
date of this ordinance in the City of North Tonawanda, smoke detectors
of a type approved by the North Tonawanda Fire Department shall be
installed in every dwelling unit in conformance with the provision
of this section. At least one smoke detector shall be installed to
protect each sleeping area and must have an alarm which is clearly
audible in adjoining sleeping spaces with the intervening doors closed.
Such smoke detector shall be directly connected to the lighting circuit
of the dwelling unit with no intervening wall switch.
B.
At least one smoke detector shall be installed at the head of each
stairway leading to an occupied area in such a manner as to assure
that rising smoke is not obstructed in reaching the detector and that
the detector intercepts rising smoke before it reaches the sleeping
area. Such smoke detector shall be directly connected to the lighting
circuit of the dwelling unit with no intervening wall switch.
C.
The builder and/or owner of any new one- and two-family dwelling
in the City of North Tonawanda shall be responsible for the installation
of the required smoke detectors prior to the occupation of the building.
A.
On or before January 1, 1985, smoke detectors of a type approved
by the North Tonawanda Fire Department shall be installed in every
dwelling unit in existing one- and two-family dwellings in conformance
with the provisions of this section. At least one smoke detector shall
be installed to protect each sleeping area and must have an alarm
which is clearly audible in adjoining sleeping spaces with the intervening
doors closed. Said smoke detector may be wired directly to the power
supply or operated by a selfmonitored battery or connected to a plug-in
outlet. However, in no event may any smoke detector required by this
section be controlled by any switch other than the main power supply,
and any plug-in outlet must be fitted with a plug-restrainer device.
B.
On or before January 1, 1985, at least one smoke detector shall be
installed at the head of each stairway leading to an occupied area
in such a manner as to assure that rising smoke is not obstructed
in reaching the detector and that the detector intercepts rising smoke
before it reaches the sleeping area. Said smoke detector may be wired
directly to the power supply or operated by a self-monitored battery
or connected to a plug-in outlet. However, in no event may any smoke
detector required by this section be controlled by any switch other
than the main power supply, and any plug-in outlet must be fitted
with a plug-restrainer device.
C.
The owner of every existing one- and two-family dwelling in the City
of North Tonawanda shall be responsible for the installation of the
required smoke detectors. Said smoke detectors shall at all times
be maintained in proper working condition, and such maintenance shall
be the responsibility of the owner of said dwelling.
The provisions of this ordinance shall be enforced by the City
of North Tonawanda Fire Department and the City of North Tonawanda
Building Inspection Department.
The penalty for a violation of this ordinance shall be a fine
of up to $50 per day for each day in which a required smoke detector
is not existing or not maintained in proper operating condition. Each
and every day that said smoke detector remains inoperable shall be
considered a separate violation of this ordinance and subject to the
daily penalty.