[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.]
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 fire-extinguishing 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 range hood.
(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 laden 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.
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.
