Village of Montgomery, NY
Orange County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Montgomery 11-1-1994 by L.L. No. 5-1994. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 42.
Unsafe buildings — See Ch. 44.
Firearms and explosives — See Ch. 55.
Private street maintenance — See Ch. 102, Art. IV.
This chapter shall provide a method for the administration and enforcement of the New York State Uniform Fire Prevention and Building Code in the Village of Montgomery and shall establish powers, duties and responsibilities in connection therewith.
The Village Board is hereby authorized to appoint and employ a Fire Inspector.
[Amended 5-16-1995 by L.L. No. 2-1995]
A. 
It shall be the duty of the Fire Inspector to enforce all laws and regulations covering the following:
(1) 
The prevention of fires.
(2) 
The storage and use of explosives and flammables.
(3) 
The installation and maintenance of automatic and other private fire alarm systems and fireextinguishing equipment.
(4) 
The means and adequacy of exits in case of fire from factories, schools, hotels, lodging houses, hospitals, churches, halls, theaters and all other places in which numbers of persons are employed, live or congregate from time to time for any purpose.
B. 
The Fire Inspector shall also have the power to propose regulations covering the aforesaid items to the Village Board of the Village of Montgomery for approval.
C. 
The Fire Inspector is authorized to sign orders to remedy violation notices and may act as a witness in proceedings brought on account of such violations. The Fire Inspector may act as a complainant in all such violations. In the absence or unavailability of the Fire Inspector, the Building Inspector shall be empowered to perform all duties contained in this chapter.
A. 
The Fire Inspector may, at all reasonable hours or at any time there is reason to believe that a fire hazard may exist, enter any building or premises within the Village of Montgomery, except the interior of a private dwelling, for the purpose of making an inspection or investigation which, under the provisions of this chapter, is deemed necessary.
B. 
The Fire Inspector, police officers, or any Fire Chief or fire officer of the Montgomery Fire District may, in the event of an emergency or disaster in which lives are in jeopardy, order an evacuation of the area which is endangered. Any such evacuation may be made across the private property of others if it is deemed necessary by the official ordering the evacuation. If, after being ordered to evacuate, such order is disobeyed, the Fire Inspector, police officers and/or the Fire District personnel may physically remove said person or persons from the premises and area involved in the emergency or disaster.
[Amended 5-16-1995 by L.L. No. 2-1995]
A. 
Residential occupancies. This section shall apply to, but not be limited to, apartment buildings, hotels, rooming houses and group homes.
(1) 
All structures existing as of January 1, 1984, shall comply with the requirements as set forth in Subchapter E of the New York State Uniform Fire Prevention and Building Code.
(2) 
All structures built after January 1, 1984, shall comply with the requirements as set forth in the New York State Uniform Fire Prevention and Building Code and any subsequent amendments thereto.
B. 
Apartment buildings. Apartment numbers and letters must be posted on all apartment entranceways. These numbers or letters are to be at least four inches in size, made of reflective material and clearly visible from roadways. In addition, each apartment section must be clearly marked with numbers or letters of reflective material on the exterior of the building so that the numbers or letters may be seen from the entrance road at a point no less than 150 feet from the building. All numbers and letters shall be placed so that emergency vehicles, with responding personnel, may easily see said letters and numbers from the vehicles as they approach the building.
C. 
Commercial kitchens. All commercial kitchens, including but not limited to restaurants, cafeterias, diners, taverns, luncheonettes, coffee shops and private clubs, shall have an approved automatic fire-extinguishing system incorporated into the rangehood.
(1) 
Hoods, grease removal devices, fans, ducts and other devices shall be maintained clean and free of grease and deposits of residues. Flammable solvents or other flammable cleaning aids shall not be used.
(2) 
Fixed automatic fire-extinguishing systems shall be maintained in proper operating condition and shall be inspected every six months. Once a year a maintenance check shall be performed by a reputable and authorized agent of the automatic fire-extinguishing manufacturer. The extinguisher tank and manual pull station shall be tagged, showing the date of the last inspection/maintenance examination and the name of the authorized agent performing the examination. The tag shall also list the examination performed, i.e., inspection, maintenance, recharge, hydrostatic tests, etc.
(3) 
When an automatic fire-extinguishing system has operated because of a fire or accidentally for any reason, the commercial cooking equipment involved shall not be used without the fire-extinguishing system being inspected and recharged. If the automatic extinguishing system has not been restored to full operation, the commercial cooking equipment shall not be operated.
(4) 
All automatic fire-extinguishing systems shall be installed and maintained in accordance with the National Fire Protection Association Code, Standard for the Installation of Equipment for the Removal of Smoke and Grease Laden Vapors from Commercial Cooking Equipment, NFPA 96, and the manufacturer's installation requirements.
(5) 
Any buildup of grease on the exterior surfaces of buildings shall be removed so as to prevent such surfaces from becoming heavily ladened with grease or oily sludge.
(6) 
At least annually, the entire hood, duct, fan and other component parts of the exhaust system shall be cleaned so as to remove any and all buildup of grease. A written record of such cleaning shall be kept by the building owner.
(7) 
Filters shall be cleaned daily.
(8) 
All owners of buildings shall have 30 days from the adoption of this chapter to comply with this subsection.
D. 
All occupancies which have security bars or windows must have a minimum of two legal exits, remote from each other, from the building.
The New York State Uniform Fire Prevention and Building Code which became effective January 1, 1984, as may hereafter be amended from time to time, is incorporated by reference and made part of this chapter.
[Amended 5-16-1995 by L.L. No. 2-1995]
The Code for Safety to Life from Fire and Buildings and Structures, generally known as the "Life Safety Code 1988," published by the National Fire Protection Association, NFPA 101 1988, and denoted as Reference Standard No. RS54 in Subchapter G of the New York State Uniform Fire Prevention Code is incorporated by reference and made a part of this chapter.
Upon any complaint or on his own initiative, the Fire Inspector shall inspect, as often as may be necessary, all specially hazardous manufacturing processes, storage or installation of gases, chemicals, oils, explosives and flammable materials and all interior fire alarms and automatic sprinkler systems.
A. 
Upon any complaint or on his own initiative, it shall be the duty of the Fire Inspector to inspect, as often as may be considered necessary, any building or premises, except the interiors of private dwellings, for the purpose of ascertaining and causing to be corrected any condition liable to cause a fire or any violations of the provisions or intent of any New York State law or any local law of the village affecting the fire hazard.
B. 
Whenever the Fire Inspector shall find, in any building or upon any premises, combustible or explosive matter or a dangerous accumulation of rubbish or an unnecessary accumulation of wastepaper, boxes, shavings or highly flammable materials, which is so situated as to endanger property, passageways, doors or windows or liable to interfere with the operations of the Fire District or egress of occupants in case of fire, he shall order the same to be removed or remedied immediately.
A. 
Upon any complaint or on his own initiative, the Fire Inspector shall inspect buildings or premises within his jurisdiction for violations. Whenever he shall find any building or other structure which, for want of repairs, for lack of sufficient fire escapes, automatic or another fire alarm apparatus or fire-extinguishing equipment or by reason of age or dilapidated condition or from any other cause, is especially liable to fire, and which is so situated as to endanger other property or the occupants thereof, and whenever he shall find in any building combustible or explosive matter or flammable conditions dangerous to the safety of such buildings or the occupants thereof, he shall order such dangerous conditions or materials to be removed or remedied.
B. 
Whenever the Fire Inspector deems that a condition, violation or situation as set forth above is such that it constitutes a distinct hazard to life or public safety, he may remove the hazard and/or order the building or premises closed immediately to the public, said building or premises to remain closed until the hazard is removed or remedied at the owner's expense.
C. 
Whenever the Fire Inspector deems that an obstruction to or on a fire lane or other means of access to a building or premises or that an obstruction to a source of water or other services necessary for fire-fighting purposes is such that it constitutes a distinct hazard to life or public safety or is interfering with the operations of the Fire District during an emergency, he may order the obstruction removed immediately at the owner's expense.
D. 
Whenever an order for the immediate closing of a building or premises or for the immediate removal of an obstruction is given, said order shall be written and five copies made. The original is to be kept on file in the office of the Fire Inspector; one copy is to be given to the individual directed to carry out the order; one copy is to be given to the owner or occupant, and if none, affixed to the premises or property; one copy is to be given to the Village Board of Trustees; and one copy is to be given to the Building Inspector.
E. 
All costs and expenses incurred by the Village of Montgomery in connection with any work done to remove or remedy any dangerous condition as set forth in this section 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 assessments shall be and 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 Village Treasurer, who shall cause such amount to be included in the tax levy against such property which 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 Village of Montgomery.
A. 
Service upon owner. The service of orders or other documents to be served pursuant to the terms of this chapter shall be served upon the owner in the manner set forth below:
(1) 
Delivering within the state to the person to be served.
(2) 
Delivering to a person of suitable age and discretion at the address of the affected property and mailing a copy of said order to the owner by certified mail, return receipt requested, at the last address of record according to the village assessment records.
(3) 
Affixing to the entrance door of the affected premises and mailing a copy of said order to the owner by certified mail, return receipt requested, at the last address of record according to the village assessment records.
B. 
Service upon occupant or agent. In the event that an order or document is to be served upon an occupant or agent of the aforesaid, service shall be made as follows:
(1) 
Delivering within the state to the person to be served.
(2) 
Delivering to a person of suitable age and discretion at the address of the affected property and mailing a copy of said order or document to the lessee, occupant or agent of the aforesaid by certified mail, return receipt requested, at the address of the affected property.
(3) 
Affixing to the entrance door of the affected premises and mailing a copy of said order to the lessee, occupant or agent of the aforesaid by certified mail, return receipt requested, at the address of the affected property.
C. 
In the event that a lessee, occupant or agent cannot be served by any of the aforesaid means, service of all orders and documents may be served upon the owner in the manner set forth above, and service shall be deemed complete upon the lessee, occupant or agent of the aforesaid upon depositing a copy of said order in a sealed postal wrapper, properly stamped and addressed to the owner at the last address of the record according to the village's assessment records. The owner shall be deemed the lessee, the occupant or the agent of the lessee or occupant for the purpose of receiving service of process.
D. 
In the event that a second or subsequent violation of the same law occurs or the order to remove or remedy a violation is not accomplished, the Fire Inspector may immediately issue an appearance ticket, returnable in the Village Justice Court or any other court, without further service or an order to remove or remedy.
A. 
Upon request of the Fire Chief of the responsible Fire District, the Fire Inspector shall investigate the cause, origin and circumstances of every fire in which a person has been injured or by which property has been destroyed or damaged and, so far as possible, shall determine whether the fire is a result of carelessness or design. If it appears that such a fire is of suspicious origin, the Fire Inspector shall notify the proper authorities designated by law to pursue the investigation of such matter and shall further cooperate with the authorities in the collection of evidence, investigation of the incident and in the prosecution of the case.
B. 
The Fire Inspector shall have the authority to order the immediate evacuation of a building or premises substantially damaged or destroyed by fire and shall order that the premises be immediately sealed off from public access by boarding up of openings in the structure at the expense of the owner.
C. 
The Fire Inspector shall have the authority to order a building closed or a section of the building or premises sealed off in the event of fire or emergency so that an investigation may be conducted in order to determine the cause of the fire or emergency.
A. 
Construction, installation and use requirements. All storage tank construction, installations and uses shall comply with all requirements of this chapter, the Village Code, the New York State Uniform Fire Prevention and Building Code, and applicable National Fire Protection Association standards and codes, as well as all other applicable generally accepted standards.
B. 
Physical protection. All storage tank installations shall be situated in such a manner or provided with suitable barriers of substantial construction so as to protect the tank and related system appurtenances from damage due to contact with vehicles or other objects.
C. 
Leak detection, leak containment and alarm monitoring. All storage tank installations containing 1,100 gallons or more of Class I, II or III, as well as related piping and appurtenances, shall be provided with leak detection, leak containment and alarm monitoring. In addition, the following shall be provided by the owner at the owner's expense when required by the Fire Inspector:
(1) 
Leak detection and alarm systems for any other storage tank or appurtenances.
(2) 
Continuous monitoring of alarm and trouble signals by an approved alarm monitoring service or other approved facility.
(3) 
Failsafe-type shutoff devices on supply and discharge piping activated automatically during an alarm, trouble or emergency condition.
D. 
[1]Labeling of tanks. All storage tanks, fill piping, discharge piping and appurtenances shall be adequately labeled so that the materials contained therein are readily identifiable by emergency personnel.
[1]
Editor's Note: Former Subsection D, Emergency planning and facilities, was repealed 5-16-1995 by L.L. No. 2-1995. This local law also provided for the relettering of former Subsection E as Subsection D.
A. 
Any person or persons, firm or corporation violating any provisions of this chapter or neglecting to comply with any order issued pursuant to any section hereof shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not less than $250 nor more than $1,000 for each offense. Each day that said violation is permitted to exist beyond the period affixed in the order so issued shall be a separate offense. In default of payment, said offender may be imprisoned for a period of time not to exceed 15 days for each offense.
B. 
Notwithstanding the notice provisions set forth above, the Fire Inspector shall not be required to give notice to interested parties before acting under the authorization of this chapter.
[1]
Editor's Note: Former § 57-14, Sprinkler Systems, was repealed 5-16-1995 by L.L. No. 2-1995. This local law also provided for the renumbering of former §§ 57-15, 57-16 and 57-17 as §§ 57-14, 57-15 and 57-16, respectively.
Whenever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations, ordinances or local laws, the most restrictive or that imposing the higher standards shall govern.
The invalidation of any portion of this chapter shall not act to invalidate any other portion thereof.