[HISTORY: Adopted by the Board of Trustees of the Village of Brockport 9-5-1978 by L.L. No. 6-1978. Amendments noted where applicable.]
Demolition of buildings — See Ch. 14.
Fire alarm systems — See Ch. 19A.
Minimum Housing and Buildings Code — See Ch. 36.
Code enforcement — See Ch. 59.
Editor's Note: This chapter supersedes former Ch. 19, Fires: Prevention of and Conduct at, consisting of Arts. I and II, adopted 5-4-1908 and 2-18-1915, respectively, and Arts. III, IV and V, adopted 5-4-1914.
This chapter shall provide the basic method for administration and enforcement of the State Fire Prevention Code in the Village of Brockport and shall establish powers, duties and responsibilities in connection therewith.
Editor's Note: Local Law No. 5-1978, adopted 9-5-1978, accepted the applicability of the State Fire Prevention Code for the Village of Brockport.
This chapter shall take effect upon its being duly filed in the office of the Secretary of State.
There is hereby designated the Building-Zoning Officer to administer and enforce the State Fire Prevention Code within the Village of Brockport.
If any section of this chapter shall be held unconstitutional, invalid or ineffective, in whole or in part, such determination shall not be deemed to affect, impair or invalidate the remainder thereof.
The Building-Zoning Officer 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.
The Building-Zoning Officer shall publish all rules and regulations at least 10 days prior to the effective date thereof in the Village's official newspaper.
Upon payment of a fee as prescribed in the schedule of fees adopted by the Board of Trustees, permits shall be issued by and bear the name and signature of the Building-Zoning Officer and shall specify:
Permits shall not be transferable, and any change in activity, operation, location, ownership or use shall require a new permit.
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.
Permits shall be obtained for the following.
Acetylene generators: to operate an acetylene generator having a calcium carbide capacity exceeding five pounds.
Automobile tire rebuilding plants: to operate an automobile tire rebuilding plant.
Automobile wrecking yards: to operate an automobile wrecking yard.
Bowling establishments: for bowling pin refinishing and bowling lane resurfacing operations involving the use and application of flammable or combustible liquids or materials.
Cellulose nitrate motion-picture film: to store, keep or have on hand more than 25 pounds of cellulose nitrate motion-picture film.
Cellulose nitrate plastics (pyroxylin):
Combustible fibers: to store, handle or use combustible fibers in quantities in excess of 100 cubic feet, except agricultural products on a farm.
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.
Cryogenics: to store, handle or use cryogenic fluids, except cryogenics used as a motor fuel and stored in motor vehicle tanks, as follows:
Dry-cleaning plants: to use in excess of four gallons of solvents or cleaning agents classified as flammable or combustible.
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 potentially explosive dust.
Flammable and combustible liquids:
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 liquids in the fuel tank 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.
To store, handle or use combustible liquids in excess of 25 gallons inside a building or in excess of 60 gallons outside a building. This provision shall not apply to fuel oil used in connection with oil-burning equipment.
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.
For processing, blending or refining of flammable or combustible liquids.
Flammable finishing: for spraying, coating or dipping operations utilizing flammable or combustible liquids.
Fruit-ripening process: to conduct a fruit-ripening process using ethylene gas.
Fumigation and thermal insecticidal fogging: to conduct fumigation or thermal insecticidal fogging operations.
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 material or poisonous gas.
To store, handle or use any quantity of air-reactive, water-reactive or unstable materials.
Junkyards: to operate a junkyard.
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 any replacement of portable cylinders and have it available for inspection.
Lumberyards: to operate a lumberyard.
Magnesium: for melting, casting, heat treating, machining or grinding of more than 10 pounds of magnesium per working day.
Organic coatings: to perform organic coating operations utilizing more than one gallon of organic coating on any working day.
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.
Places of assembly: to maintain, operate or use a place of assembly.
Service stations and repair garages: to operate a service station or repair garage.
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.
Location of permits. Permits shall be kept on the property or premises covered by the permit or carried by the permit holder.
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 when there has been misrepresentation or falsification of material facts in connection with the permit application or a condition of the permit.
The Building-Zoning Officer of the Village of Brockport shall conduct periodic inspections for compliance with the provisions of the State Fire Prevention Code. Such inspections may be made at any reasonable time.
If entrance to make an inspection is refused or cannot be obtained, the Building-Zoning Officer may apply for a warrant to make an inspection to any court of competent jurisdiction.
A person owning, operating, occupying or maintaining property or premises within the scope of the State Uniform Fire Prevention and Building Code or this chapter shall comply with all the provisions of the State Uniform Fire Prevention and Building Code, this chapter and all orders, notices, rules, regulations or determinations issued in connection therewith.
Whenever the Building-Zoning Officer finds that there has been a violation of the State Uniform Fire Prevention and Building 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.
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.
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.
In case the owner, lessor, occupant or the agent or 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 the appropriate legal action shall be made to the Board of Trustees of the Village of Brockport.
Failure to comply with any provision of the State of New York Uniform Fire Prevention and Building Code, this chapter, rules or regulations adopted pursuant to this chapter or a violation order shall be deemed a violation, and the violator shall be liable for a fine not less than $250 or imprisonment not to exceed 90 days, or both, and each day such violation continues shall constitute a separate violation.
[Amended 3-16-1998 by L.L. No. 3-1998]
An action or proceeding in the name of the Village of Brockport 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 Uniform Fire Prevention and Building Code, this chapter, rule or regulation 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 Building-Zoning Officer shall keep official records of all permits, inspection reports, recommendations, complaints and violation orders.
A building or structure, or part thereof, which is an imminent danger to life and the safety of the public as a result of a fire or explosion is hereby declared to be a public nuisance.
Whenever the Building-Zoning Officer finds a building or structure, or part thereof, to be an imminent danger to life and the safety of the public as a result of a fire or explosion, the Building-Zoning Officer 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.
The Building-Zoning Officer 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.
All costs and expenses incurred by the Village of Brockport 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's identity 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 Building-Zoning Officer 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 Village of Brockport.
Where practical difficulties or unnecessary hardships may result from enforcement of the strict letter of any provision of the State Uniform Fire Prevention and Building Code, applications for variances consistent with the spirit of the code and not inconsistent with the requirements of Subdivision 2 of § 391 of Article 18-A of the Executive Law may be made to and acted upon by Board of Review established in accordance with the provisions of § 395 of the Executive Law.
Editor's Note: Sections 391 to 399 of Article 18-A of the Executive Law were repealed by L. 1981, c. 707, § 12, eff. Jan. 1, 1984; see Article 18, § 370 et seq., of the Executive Law for the statute which enabled the New York State Uniform Fire Prevention and Building Code Act.
The Building-Zoning Officer shall obtain a copy of the Review Board's decision for its record.