[HISTORY: Adopted by the Town Board of the
Town of Binghamton as indicated in article histories. Amendments noted
where applicable.]
[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]
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of 1976, which immediately followed this subsection, was repealed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):
(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.
(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.
(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]
[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.
[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.
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.
