[HISTORY: Adopted by the Board of Trustees of the Village of New
York Mills 11-27-1973 by L.L. No. 2-1973 as Ch. 55 of the 1973 Code. Amendments
noted where applicable.]
There is hereby adopted by the Board of Trustees of the Village for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, that certain code known as the Fire Prevention Code recommended by the American Insurance Association, being particularly the 1970 edition thereof, annexed hereto and made a part hereof, and from the effective date of this chapter, the provisions thereof shall be controlling within the limits of the Village except such portions as are hereinafter deleted, modified or amended by § 91-7 of this chapter.
A.Â
The Fire Prevention Code shall be enforced by the Fire
Chief.
B.Â
The Fire Chief may detail such members of the Fire Department
as inspectors as shall from time to time be necessary. The Fire Chief shall
recommend to the Board of Trustees the employment of technical inspectors
whenever he deems it necessary or appropriate.
C.Â
A report of the Fire Chief shall be made annually and
transmitted to the Board of Trustees concerning all proceedings under the
Fire Prevention Code, with such statistics as the Fire Chief may wish to include
therein; the Fire Chief shall also recommend any amendments to the Code which,
in his judgment, shall be desirable.
A.Â
Wherever the word "Municipality" is used in the Fire
Prevention Code, it shall mean the Village of New York Mills, New York.
B.Â
Whenever the term "Corporation Counsel" is used in the
Fire Prevention Code, it shall be held to mean the Village Attorney or Attorney
of the Village of New York Mills, New York.
C.Â
Wherever the words "Chief of the Bureau of Fire Prevention"
or "Bureau of Fire Prevention" are used, they shall be held to mean the Fire
Chief as the Enforcement Officer of this chapter.
The limits referred to in Section 12.5b of the Fire Prevention Code, in which storage of explosives and blasting agents is prohibited, are hereby established as follows: All that portion of the Village specified in Chapter 200, Zoning, of this Municipal Code, as R-1 Residential, R-2 Residential, R-3 Residential, C-1 Retail Commercial, C-2 General Commercial, P-R Residential and P-C Commercial.
A.Â
The limits referred to in Section 16.22a of the Fire Prevention Code in which storage of flammable liquids in outside above-ground tanks is prohibited, are hereby established as follows: All that portion of the Village designated as C-1 Retail Commercial in Chapter 200, Zoning, of this Municipal Code.
B.Â
The limits referred to in Section 16.61 of the Fire Prevention
Code, in which new bulk plants for flammable or combustible liquids are prohibited,
are hereby established as follows: All that portion of the Village designated
as R-1 Residential, R-2 Residential, R-3 Residential, C-1 Retail Commercial,
C-2 General Commercial, P-R Residential and P-C Commercial.
The limits referred to in Section 21.6a of the Fire Prevention Code,
in which bulk storage of liquefied petroleum gas is restricted, are hereby
established as follows: All that portion of the Village designated as R-1
Residential, R-2 Residential, R-3 Residential, C-1 Retail Commercial, C-2
General Commercial, P-R Residential and P-C Commercial.
The Fire Prevention Code is amended and changed in the following respects:
The Fire Chief shall have power to modify any of the provisions of the
Fire Prevention Code upon application in writing by the owner or lessee, or
his duly authorized agent, when there are practical difficulties in the way
of carrying out the strict letter of the Code, provided that the spirit of
the Code shall be observed, public safety secured, and substantial justice
done. The particulars of such modification when granted or allowed and the
decision of the Fire Chief thereon shall be entered upon the records to be
filed in the Village Clerk's office and a signed copy shall be furnished the
applicant.
Whenever the Fire Chief shall disapprove an application or refuse to
grant a permit applied for, or when it is claimed that the provisions of the
Code do not apply or that the true intent and meaning of the Code have been
misconstrued or wrongly interpreted, the applicant may appeal from the decision
of the Fire Chief to the Board of Trustees within 30 days from the date of
the decision appealed.
The Fire Chief and the Code Enforcement Officer shall act as a committee
to determine and specify, after giving affected persons an opportunity to
be heard, any new materials, processes or occupancies which shall require
permits in addition to those now enumerated in the Code. The Fire Chief shall
post such list in a conspicuous place in his office and distribute copies
thereof to interested persons.
A.Â
Any person who shall violate any of the provisions of
the Fire Prevention Code hereby adopted or fail to comply therewith, or who
shall violate or fail to comply with any order made thereunder, or who shall
build in violation of any detailed statement of specifications or plans submitted
and approved thereunder, or any certificate or permit issued thereunder, and
from which no appeal has been taken, or who shall fail to comply with such
an order as affirmed or modified by the Board of Trustees or by a court of
competent jurisdiction, within the time fixed herein, shall severally for
each and every such violation and noncompliance respectively, be guilty of
a violation, punishable by a fine of not more than $250. The imposition of
one penalty for any violation shall not excuse the violation or permit it
to continue; and all such persons shall be required to correct or remedy such
violations or defects within a reasonable time; and when not otherwise specified,
each 10 days that prohibited conditions are maintained shall constitute a
separate offense.
B.Â
The application of the above penalty shall not be held
to prevent the enforced removal of prohibited conditions.
