It is the purpose of this chapter to recognize
and adopt the New York State Uniform Fire Prevention and Building
Code, and all standards incorporated by reference therein, as the
Building Code for the Village of Patchogue.
Any person committing an offense against any provisions of this chapter (the New York State Uniform Fire Prevention and Building Code) shall, upon conviction thereof, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable in accordance with § 1-1 of this Code. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.
A.
The Senior Building Inspector, and his designee, shall
serve as the Fire Code Inspector. It shall be the duty of the Fire
Code Inspector to conduct inspections as are required or permitted
by the New York State Uniform Fire Prevention and Building Code to
ensure compliance with the code and to report findings resulting from
such inspections to the Village Board of Trustees.
B.
The Fire Inspector shall make a report thereof in
writing and file it in the office of the Village Clerk within six
days after the occurrence of every fire, with a statement as to its
cause, its origin, the extent of the damage done, the insurance upon
the damaged property and such other information as may be related
thereto.
[Amended 5-29-2007 by L.L. No. 7-2007; 11-28-2011 by L.L. No.
15-2011]
A.
The Village
Board is authorized to establish, by resolution, a schedule of fees
associated with fire prevention on such schedule and at such times
as in its judgment are necessary. A copy of the current Schedule of
Fire Inspection Fees shall be maintained both in the office of the
Village Building and Housing Department and with the Village Clerk.
B.
The fee
required by this section shall be waived for any entity that is classified
as a not-for-profit organization under federal law or the laws of
the State of New York.
C.
Any person
who fails to pay the statutory fees as provided in this section shall,
within 30 days after written notice that such fees are due and payable,
pay an additional amount equal to three times the amount specified
in the written notice.
A.
The Fire Inspector shall investigate the cause, origin
and circumstance of every fire in the Village by which property has
been destroyed or damaged and so far as possible shall determine whether
the fire was the result of carelessness or design. Such investigation
shall be begun immediately upon the occurrence of every fire.
B.
Upon being notified of a fire from which property
has been destroyed or damaged, the Fire Chief shall immediately inform
the Fire Code Inspector of such a fire so that an appropriate investigation
may commence.
It shall be the duty of the Fire Inspector to
provide for inspections by himself or any Fire Inspector as required
by New York State Executive Law and so often as local conditions allow.
Whenever a violation of rules of reasonable
safety is found to exist, the Fire Inspector shall order the owner
or occupant to remove dangerous materials or remedy other hazardous
conditions as they may direct within 24 hours.
The service of any order hereunder may be made
upon the occupant of the premises to whom it is directed either by
delivering a copy of the same personally or by leaving it with any
person of suitable age and discretion in charge of such premises or,
if no such person is found upon the premises, by affixing a copy thereof
in a conspicuous place on the front door of said premises. An order
may be served upon the owner of such premises by delivering to and
leaving with him a copy thereof or, if such owner is absent from the
Village, by mailing a copy to his last known address.
A person who fails to comply with the order
of the Fire Inspector within the twenty-four-hour period following
receipt of such notice shall be deemed to have violated this chapter.
Each twenty-four-hour period during which there is a failure to comply
with the provisions of this chapter or any notice or order issued
by the Fire Inspector shall constitute a separate violation.
[Amended 3-9-2009 by L.L. No. 7-2009]
The principal, teachers or other persons in
charge of any private or parochial school or other nonpublic educational
institution shall conduct a fire drill in accordance with the applicable
provisions of the Education Law.
No volatile, flammable liquid shall be kept
or carried in open vessels in a garage, and no volatile, flammable
liquid shall be drawn except into approved safety cans of a capacity
not exceeding five gallons each and then, with the exception of liquids
with flash points above 30° F., only for the purpose of immediately
filling the tanks of automobiles contained in a garage. In lieu of
the above safety cans, approved portable filling tanks not to exceed
60 gallons in capacity may be used for transporting volatile, flammable
liquid to and from the storage tanks for filling and charging the
automobile. Said portable tanks shall be supported on rubber-tired
wheels, and liquids must be drawn by means of a tight-fitting pump.
The hose attachment must not exceed 10 feet in length, equipped at
the end with a shutoff valve.
A.
No person shall store or keep any dynamite, nitroglycerine,
giant powder or other explosives other than gunpowder in any storeroom,
warehouse, building or any premises within the Village limits.
B.
Any person who shall sell or store gunpowder shall
obtain a permit from the Fire Inspector who shall inspect the place
where same is kept, and the dealer shall fully disclose to the Fire
Chief where same is kept, both in the day and nighttime.
All vehicles used for the transportation of
fuel oil or other flammable oils or chemicals within the Village are
subject to inspection to assure compliance with the laws governing
the construction and operation of such vehicles.
Any person who shall willfully refuse to permit
an inspection as provided herein shall be deemed to have violated
this chapter.
It shall be unlawful for any person being the
owner, occupant, lessee or otherwise in charge or control of any premises
subject to an order made pursuant to this chapter to fail or refuse
to comply with such order within the time specified therein, or if
no time is specified, within a reasonable time, or to violate any
of the provisions of this chapter.