Town of Binghamton, NY
Broome County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Binghamton as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction administration — See Ch. 102.
Dangerous or unsafe buildings — See Ch. 106.
[Adopted 2-20-1981 by L.L No. 1-1981 (Ch. 16A of the 1969 Code)]
This article shall provide the basic method for administration and enforcement of the New York State Uniform Fire Prevention and Building Code in the Town of Binghamton and shall establish powers, duties and responsibilities in connection therewith.
[Amended 4-15-2003 by L.L. No. 1-2003; 11-16-2010 by L.L. No. 15-2015]
The Building Official is hereby designated to administer and enforce the State Uniform Fire Prevention and Building Code within the Town of Binghamton, which the Town Board hereby adopts for the Town of Binghamton. The Town of Binghamton hereby adopts all provisions of the New York State Building and Maintenance Code and applicable reference standards, including as hereinafter amended or modified.
[Amended 4-15-2003 by L.L. No. 1-2003]
The Building Official may adopt rules and regulations for the administration and enforcement of the State Uniform Fire Prevention and Building Code. Such rules and regulations shall not conflict with the State Uniform Fire Prevention and Building Code, this article or any other provision of law.
A. 
Upon payment of a fee as prescribed in the schedule of fees adopted by the Town Board, permits shall be issued by and bear the name and signature of the Building Official and shall specify:
[Amended 4-15-2003 by L.L. No. 1-2003]
(1) 
The activity or operation for which the permit is issued.
(2) 
The address or location where the activity or operation is to be conducted.
(3) 
The name and address of the permittee.
(4) 
The permit number and date of issuance.
(5) 
The period of permit validity.
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.[1]
[1]
Editor's Note: Original § 16A-4D, regarding groups defined in the New York State Fire Prevention Code of 1976, which immediately followed this subsection, was repealed 4-15-2003 by L.L. No. 1-2003.
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):
(a) 
To store, keep or have on hand more than 25 pounds of cellulose nitrate plastics (pyroxylin).
(b) 
To manufacture articles of cellulose nitrate plastics (pyroxylin), which shall include the use of cellulose nitrate plastics (pyroxylin) in the manufacture or assembling of other articles.
(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.
(9) 
Compressed gases:
(a) 
To store, handle or use at normal temperatures and pressures more than:
[1] 
2,000 cubic feet of flammable compressed gas; or
[2] 
6,000 cubic feet of nonflammable compressed gas.
(b) 
To store, handle or use any quantity of liquefied natural or hydrogen gas.
(10) 
Cryogenics: to store, handle or use cryogenic fluids, except cryogenics used as a motor fuel and stored in motor vehicle tanks, as follows:
(a) 
Production, sale or storage of cryogenic fluids.
(b) 
Storage or use of flammable cryogenic fluids, cryogenic oxidizers or liquefied oxygen in excess of 10 gallons.
(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.
(13) 
Explosives, ammunition and blasting agents:
(a) 
To manufacture, possess, store, sell or otherwise dispose of explosives and blasting agents.
(b) 
To use explosives or blasting agents.
(c) 
To operate a terminal for handling explosives or blasting agents.
(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:
[1] 
Liquids in the fuel tank of a motor vehicle, aircraft, portable or stationary engine, boat or portable heating plant.
[2] 
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 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.
(d) 
For manufacturing, 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: 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 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.
(23) 
Matches:
(a) 
To manufacture matches.
(b) 
To store matches in excess of 25 cases. (NOTE: One case equals one matchman's gross of 14,400 matches.)
(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 1,400º 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.
(28) 
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.
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 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 there has been misrepresentation or falsification of material facts in connection with the permit application or a condition of the permit.
[Amended 4-15-2003 by L.L. No. 1-2003]
A. 
The Building Official shall conduct periodic inspections for compliance with the provisions of the State Uniform Fire Prevention and Building 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 Official 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 article shall comply with all the provisions of the State Uniform Fire Prevention and Building Code, this article and all orders, notices, rules, regulations or determinations issued in connection therewith.
B. 
Whenever the Building Official finds that there has been a violation of the State Uniform Fire Prevention and Building Code, this article or any rule or regulation adopted pursuant to this article, a violation order shall be issued to the person or persons responsible.
[Amended 4-15-2003 by L.L. No. 1-2003]
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 Town Board of the Town of Binghamton.
A. 
Failure to comply with any provision of the State Uniform Fire Prevention and Building Code, this article, rules or regulations adopted pursuant to this article or a violation order shall be deemed a misdemeanor, and the violator shall be liable for a fine of not more than $1,000 or imprisonment not to exceed one year, or both, and each day such violation continues shall constitute a separate violation.
[Amended 4-15-2003 by L.L. No. 1-2003]
B. 
An action or proceeding in the name of the Town of Binghamton 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 article, rule or regulation adopted pursuant to this article 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.
[Amended 4-15-2003 by L.L. No. 1-2003]
The Building Official shall keep official records of all permits, inspection reports, recommendations, complaints and violation orders.
[Amended 4-15-2003 by L.L. No. 1-2003]
A building or structure or part thereof which is an imminent danger to life and safety to the public as a result of a fire or explosion is hereby declared to be a public nuisance and shall be subject to the procedures for repair or removal as set forth in Chapter 106, Buildings, Dangerous or Unsafe, of the Town Code.[1]
[1]
Editor's Note: Original § 16A-10, Review board, which immediately followed this section, was repealed 4-15-2003 by L.L. No. 1-2003. Subsection A of § 16A-10 was deleted in its entirety, and Subsection B was moved to become new § 125-10B.
[Amended 4-15-2003 by L.L. No. 1-2003]
A. 
The Town of Binghamton hereby empowers the existing Town of Binghamton Zoning Board of Appeals to act as a review board to vary or modify, in whole or in part, any provision or requirement of the State Uniform Fire Prevention and Building Code where practical difficulties or unnecessary hardships may result from enforcement thereof; provided, however, that any such variance or modification shall be consistent with the spirit of the code and not inconsistent with the requirements of Article 18 of the Executive Law.
B. 
The Building Official shall obtain a copy of the review board's decision for his records.[1]
[1]
Editor's Note: Original § 16A-12, Provisional permits for preexisting structures, which originally followed this section, was repealed 4-15-2003 by L.L. No. 1-2003.
[Adopted 8-13-2013 by L.L. No. 23-2015]
It is the goal of the Town of Binghamton to have a firesafe community in which all can live and work safely. This is accomplished through teamwork with the business and property owners and through public education. The Town of Binghamton shall perform firesafety inspections on buildings throughout the Town of Binghamton. Fire inspections are performed to ensure that the places where the residents and the public live, work, or visit are in compliance with all the fire prevention codes. These inspections help to make the Town of Binghamton a safer community.
A. 
The Fire Inspector shall inspect all commercial buildings and multiple-family dwellings in the Town of Binghamton. The Fire Inspector shall also investigate any complaints made to the Code Enforcement Office regarding unsafe situations or fire hazards. Such inspections are mandatory requirements for municipalities as established by the Legislature of New York State.
B. 
When the Fire Inspector is conducting an inspection of the property, a building representative may accompany the Fire Inspector through the building during the inspection. Such coordination facilitates discussion and identification of items that may need to be corrected in order for the building to come into compliance with all fire prevention codes. Once the inspection is complete, the Fire Inspector shall prepare a fire inspection report, which shall be provided to the building representative and filed at the Town of Union Code Office.
Fire prevention code requirements include, but are not limited to:
A. 
No obstruction of exits.
B. 
Exit sign illumination.
C. 
Evacuation and firesafety plans.
D. 
Building address numbers display.
E. 
No extension cords used for permanent wiring.
F. 
No open or exposed electrical wiring.
G. 
Fire extinguishers maintained.
H. 
Fire alarms and life safety systems maintained.
I. 
Sprinkler systems maintained.
J. 
Emergency lights maintained.
A. 
Routine fire inspections are required.
B. 
The fees are incurred only when violations that have been charged are not abated after the second site visit, as required by the Code Official.
(1) 
Initial fire inspection: free.
(2) 
Initial follow-up: free.
(3) 
Second follow-up: $25.
(4) 
All other visits: $50.
C. 
Fees will be required to be paid prior to the third site visit. If the fee is not paid, an appearance ticket for the violations will be issued immediately, as per § 125-15.
A. 
The failure to comply with any provision of the State Uniform Fire Prevention and Building Code, failure to permit an inspection pursuant to this article, and/or failure to comply with the rules and regulations adopted pursuant thereto, and/or failure to cure or correct a notice or order to remedy shall be a violation, subjecting the building owner(s), and/or officers, managers or agents of the building owner to a fine of not more than $1,000 or imprisonment not to exceed 15 days, or both. Each day such violation continues shall constitute a separate violation.
B. 
In addition to the above, an action or proceeding in the name of the Town of Binghamton 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 article and/or rules or regulations adopted pursuant thereto, including an order to vacate the occupancy or building in the case of imminent danger to life or property.