[HISTORY: Adopted by the Board of Trustees of the Village
of Brockport 9-5-1978 by L.L. No. 6-1978[1]. Amendments noted where applicable.]
GENERAL REFERENCES
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.
[1]
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[1] in the Village of Brockport and shall establish powers,
duties and responsibilities in connection therewith.
[1]
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.
A.
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.
B.
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.
A.
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:
B.
Permits shall not be transferable, and any change in activity, operation,
location, ownership or use shall require a new permit.
C.
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.
D.
Permits shall be obtained for the following.
(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 potentially explosive 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 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.
(b)
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.
(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 and
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.
(a)
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.
(b)
Installers shall maintain a record of all installations and
any 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)
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.
(26)
Places of assembly: to maintain, operate or use a place of assembly.
(27)
Service stations and repair garages: to operate a service station
or repair garage.
E.
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.
F.
Location of permits. Permits shall be kept on the property or premises
covered by the permit or carried by the permit holder.
G.
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.
A.
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.
B.
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.
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.
B.
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.
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 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.
A.
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]
B.
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.
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.
B.
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.
C.
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.
D.
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.
A.
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.[1]
[1]
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.
B.
The Building-Zoning Officer shall obtain a copy of the Review Board's
decision for its record.
