[Adopted 9-28-1977 by L.L. No. 7-1977]
This Article shall provide the basic method
for administration and enforcement of the State Fire Prevention Code
in the Town of Tuxedo and shall establish powers, duties and responsibilities
in connection therewith.
The Town Board shall designate a Fire Inspector
to administer and enforce the State Fire Prevention Code within the
Town of Tuxedo. The Town Building Inspector may be designated as the
Fire Inspector.
A.
The Fire Inspector 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 article or any other provision of law.
B.
The Fire Inspector shall publish all rules and regulations
at least 10 days prior to the effective date thereof in a newspaper
of general circulation within the Town of Tuxedo.
A.
Upon payment of the fees prescribed in the schedule
of fees adopted by the Town Board of the Town of Tuxedo,[1] permits shall be issued and bear the name and signature
of the Fire Inspector and shall specify:
B.
Permits shall not be transferable, and any change
in activity, operation, location, ownership or use shall require 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 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)
Fumigation and thermal insecticidal fogging: to conduct
fumigation or thermal insecticidal fogging operations.
(11)
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.
(12)
Junkyards: to operate a junkyard.
(13)
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.
(14)
Lumberyards: to operate a lumberyard.
(15)
Magnesium: for melting, casting, heat-treating, machining
or grinding of more than 10 pounds of magnesium per working day.
(17)
Organic coatings: to perform organic coating operations
utilizing more than one gallon of organic coating on any working day.
(18)
Ovens and furnaces: to operate industrial processing
ovens and furnaces operating at approximately atmospheric pressures
and temperatures not exceeding one thousand four hundred degrees Fahrenheit
(1,4000° 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.
(19)
Places of assembly: to maintain, operate or use a
place of assembly.
(21)
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 holders.
(22)
Mercantile: to maintain, operate or use a building
in which the primary or intended occupancy or use is the display and
sale to the public of goods, wares, merchandise or services.
[Added 7-31-1985 by L.L. No. 3-1985]
(23)
Multiple dwelling: any building containing three or
more units. Inspection to be done on a schedule between 12 and 18
months.
[Added 7-31-1985 by L.L. No. 3-1985;
amended 6-26-1991 by L.L. No. 4-1991; 10-9-1991 by L.L. No. 5-1991]
E.
Permits are issued as permission to operate a specific
business, and permits are not granted in place of a certificate of
occupancy and are not to be construed as such, or change of use constitutes
revocation of permit.
[Amended 6-26-1991 by L.L. No. 4-1991; 10-9-1991 by L.L. No.
5-1991]
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.
A.
The Fire Inspector shall conduct periodic inspections.
Such inspections should ordinarily be conducted not less than once
every 18 months. Such inspections may be made at any reasonable time.
However, the failure to make, or properly carry out, any such inspections
shall not create, or be the basis for, any liability for the Town;
nor shall such failure excuse owners and/or occupants of buildings
and/or premises from compliance with all applicable laws, rules, regulations
and/or proper practices with respect to fire safety.
[Amended 1-10-2011 by L.L. No. 1-2011]
B.
If entrance to make an inspection is refused or cannot
be obtained, the Fire Inspector 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 Fire Prevention
Code or this article shall comply with all the provisions of the State
Fire Prevention Code, this article and all orders, notices, rules,
regulations or determinations issued in connection therewith.
B.
Whenever the Fire Inspector finds that there has been
a violation of the State Fire Prevention 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.
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
envelope 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 Tuxedo.
A.
Failure to comply with any provision of the State
Fire Prevention Code, this article, rules or regulations adopted pursuant
to this article or a violation order shall be deemed a violation pursuant
to the Penal Law of the State of New York, punishable by a fine not
exceeding $250 or by imprisonment for not exceeding 15 days, or by
both such fine and imprisonment. The continuation of an offense shall
constitute, for each day the offense is continued, separate and distinct
violation.
[Amended 10-10-1979 by L.L. No. 7-1979]
B.
An action or proceeding in the name of the Town of
Tuxedo 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 Fire Prevention Code, this article, any
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.
The Fire Inspector 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 safety of the public as a result of a
fire or explosion is hereby declared to be a public nuisance.
B.
Whenever the Fire Inspection finds a building or structure,
or part thereof, to be an imminent danger to life and safety of the
public as a result of a fire or explosion, the Fire Inspector 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 Fire Inspector 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 or repairs or to demolish and remove such building
or structure, or part thereof.
D.
All costs and expenses incurred by the Town of Tuxedo
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 cannot be ascertained, then
such bill shall be posted in a conspicuous place on the premises.
Such assessment shall be and shall 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 Fire Inspector 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 are provided by law for the collection
and enforcement of real property taxes in the Town of Tuxedo.
[Amended 2-22-1989 by L.L. No. 3-1989]
A.
Where practical difficulties or unnecessary hardships
may result from enforcement of the strict letter of any provision
of the State Fire Prevention 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 a Board of Review established
in accordance with the provisions of § 395 of the Executive
Law.[1]
[1]
Editor's Note: Article 18-A of the Executive
Law was repealed by L. 1981, c. 707, § 12, effective January
1, 1984. See now Article 18, New York State Uniform Fire Prevention
and Building Code Act.
B.
The Fire Inspector shall obtain a copy of the Review
Board's decision for its record.
