City of Buffalo, NY
Erie County
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Table of Contents
Table of Contents
[Derived from Art. V of Ch. XI of the Charter and Ordinances, 1974]
[Amended 12-9-2003, effective 12-19-2003]
A license shall be required to conduct or maintain any tire recapping or rebuilding plant, which shall be issued by the Commissioner of Permit and Inspection Services, subject to the approval of the Fire Prevention Bureau. Said license shall expire on December 31 after issuance and be renewable annually thereafter. The fee therefor shall be as provided in Chapter 175, Fees.
[Amended 12-9-2003, effective 12-19-2003]
A license shall be required for bowling pin refinishing and bowling lane resurfacing operations involving the use and application of flammable or combustible liquids or materials. Said license shall be issued by the Commissioner of Permit and Inspection Services, subject to the approval of the Fire Prevention Bureau. The license shall expire on December 31 after issuance and be renewable annually thereafter. The fee therefor shall be as provided in Chapter 175, Fees.
[Amended 12-9-2003, effective 12-19-2003]
A license shall be required to store or keep calcium carbide in excess of 100 pounds or operate an acetylene generator having a calcium carbide capacity exceeding five pounds from the Commissioner of Permit and Inspection Services of the City of Buffalo, upon the approval of the Bureau of Fire Prevention. License shall expire on the 31st of December after issuance and may be renewed annually thereafter. Fee for such license or renewal thereof shall be as provided in Chapter 175, Fees.
[Amended 12-9-2003, effective 12-19-2003]
A license shall be required for the storage and handling of combustible fibers in quantities in excess of 100 cubic feet. Said license shall be issued by the Commissioner of Permit and Inspection Services subject to the approval of the Fire Prevention Bureau. The license shall expire on December 31 after issuance and be renewable annually thereafter. The fee therefor shall be as provided in Chapter 175, Fees.
[Amended 4-2-1991, effective 4-15-1991; 3-7-1995, effective 3-20-1995]
A. 
In general; license required. No person shall store in any building or structure or upon any premises an excess of 2,500 cubic feet gross volume of combustible empty packing cases, boxes, barrels or similar containers or baled cotton, rubber or cork, expanded or foamed combustible materials such as foamed latex or polystyrene, polyurethane and similar-type products, materials or compounds without a license issued by the Commissioner of Permit and Inspection Services, subject to the approval of the Bureau of Fire Prevention. Said license shall expire on December 31 after issuance and be renewable annually thereafter. The fee therefor shall be as provided in Chapter 175, Fees.
[Amended 12-9-2003, effective 12-19-2003]
B. 
As used in this section, the following terms shall have the meanings indicated:
USED TIRE
A tire that meets the requirements of New York State Department of Motor Vehicles Inspection Regulation Part 79.21c.
WASTE TIRE
A tire that does not meet the requirements of the New York State Department of Motor Vehicles Inspection Regulation Part 79 Section 79.21c.
C. 
Tire handler's general requirements. Any person who shall store in any building or structure or upon any premises used or waste tires in an amount between 10 and 1,000 shall be subject to the provision of this section. The applicable regulation for used and waste tires in an amount in excess of 1,000 shall be as set forth within the New York State Environmental Conservation Law under 6 NYCRR, Part 360. Persons falling within this section shall be subject to the following requirements:
(1) 
He shall obtain a tire handler's license issued by the Commissioner of Permit and Inspection Services, subject to the approval of the Bureau of Fire Prevention and the Department of Inspections and Community Revitalization.
[Amended 12-9-2003, effective 12-19-2003]
(2) 
He shall file an application for said license containing a storage plan to address the handling of tires at a storage facility pursuant to this section.
(3) 
Waste tires stored in any building or structure or upon any premises shall be disposed of within two weeks after receipt of said tires at a disposal facility which has been approved by the New York State Department of Environmental Conservation. Disposal receipts shall be maintained on site and be available upon request by any Code Enforcement Officials.
(4) 
Operators of storage facilities shall have on file with the Commissioner of Permit and Inspection Services an insurance policy providing general liability coverage of at least $50,000 both for personal injury and property damage, respectively.
[Amended 12-9-2003, effective 12-19-2003]
(5) 
The license shall expire on December 31 after issuance and be renewable annually thereafter.
(6) 
The fee therefor shall be as provided in Chapter 175, Fees.
(7) 
Used tire sales general requirements. Tires must be kept on racks for display and sale.
D. 
Inside storage facilities. No person shall store in any building or structure an amount between 10 and 1,000 used or waste rubber tires without a tire handler's license issued by the Commissioner of Permit and Inspection Services, subject to the approval of the Bureau of Fire Prevention. Facilities within this subsection shall be subject to the following requirements:
[Amended 12-9-2003, effective 12-19-2003]
(1) 
They shall comply with general requirements as set forth in Subsection C herein.
(2) 
Waste tires shall be stored on the flat side vertically and shall not exceed 10 feet in height, 10 feet in width and 15 feet in length.
(3) 
Waste tire stacks shall have a minimum separation distance of 10 feet between stacks.
(4) 
The ten-foot separation area must be maintained free of obstructions at all times so that emergency equipment will have adequate access.
E. 
Outside storage facilities. No person shall store in any exterior area an amount between 10 and 1,000 used or waste rubber tires without a tire handler's license issued by the Commissioner of Permit and Inspection Services, subject to the approval of the Bureau of Fire Prevention. Facilities within this subsection shall be subject to the following requirements:
[Amended 12-9-2003, effective 12-19-2003]
(1) 
They shall comply with general requirements as set forth in Subsection C herein.
(2) 
Waste tires shall be stored on the flat side vertically and shall not exceed 10 feet in height, 10 feet in width and 15 feet in length.
(3) 
Waste tire piles shall have a minimum separation distance of 20 feet between piles and from the lot line or any existing structure.
(4) 
The twenty-foot separation area must be maintained at all times so that emergency vehicles will have adequate access.
F. 
Penalties for offenses.
(1) 
Any owner, lessee or operator who shall violate any of the provisions of this section shall be subject to the general penalties as enumerated within Chapter 1, General Provisions, § 1-15, and increased fees pursuant to § 263-23, of this Code.
(2) 
Any person who shall violate Chapter 216, Garbage, Rubbish and Refuse, § 216-9, for illegal dumping of used or waste rubber tires shall be subject to penalties enumerated within Chapter 216, Garbage, Rubbish and Refuse, § 216-11.
[Amended 12-9-2003, effective 12-19-2003]
A license shall be required for the storage, handling or use at normal temperature and pressure of more than 2,000 cubic feet of flammable compressed gas or 6,000 cubic feet of nonflammable compressed gas. Said license shall be issued by the Commissioner of Permit and Inspection Services, subject to the approval of the Fire Prevention Bureau. A license shall expire on December 31 after issuance and be renewable annually thereafter. The fee therefor shall be as provided in Chapter 175, Fees.
A license shall be required for the operation of any grain elevator, flour, starch or feed mill or plant pulverizing aluminum, coal, cocoa, plastics, magnesium, spices, sugar or other material producing dust. The license shall expire on December 31 after issuance and be renewable annually thereafter. The fee therefor shall be as provided in Chapter 175, Fees.
[Amended 12-9-2003, effective 12-19-2003]
In addition to the requirements of Article 16 of the New York State Labor Law, every person who shall purchase, own, possess, transport or use explosives shall first obtain a license to do so from the Commissioner of Permit and Inspection Services, which license shall not be issued except upon approval of the Bureau of Fire Prevention. Before any such license is issued, the applicant shall file evidence that it is insured against public liability and property damage, in connection with the applicant's purchase, possession, transportation or use of said explosives, in the sum of at least $10,000 for personal injury to one person and at least $20,000 for personal injury to more than one person and in the sum of at least $5,000 for property damage. The above amounts of insurance may be increased when the Bureau of Fire Prevention determines that the risk involved requires greater coverages than those stated herein. The fee for the above said license shall be as provided in Chapter 175, Fees.
[Amended 5-28-1992, effective 7-1-1992; 7-20-1993, effective 8-2-1993; 1-10-1995, effective 1-23-1995]
A. 
General definitions. The following terms and words, when used in this section, shall have the meanings and effects as follows:
ALARM DEVICE OR SYSTEM
A device or an assembly of equipment which is designed to detect smoke, abnormal rise in temperature, fire, medical emergency or an entry into or exit from a building, structure or facility and by reason thereof emits an audible response intended to alert persons outside of the premises and/or transmit a signal or message to an emergency agency either directly or through a private answering point.
ALARM USER
A person, firm, partnership, association, corporation, company or organization of any kind which owns, controls or occupies any building, structure or facility wherein an alarm system is maintained.
AUTOMATIC DIALER
A device which is interconnected to a telephone line and is programmed to select a predetermined telephone number and transmit by voice message or code signal an emergency message indicating a need for emergency response.
AVOIDABLE ALARM
Any activation of an alarm device or system through intentional or accidental activation, mechanical or electronic failure, malfunction, improper installation, improper maintenance or the negligence of the owner, user, custodian or lessee of an alarm system or his or her employees or agents which through notification to the Department of Fire or the Department of Police indicates that an emergency situation exists requiring an emergency response in the City of Buffalo when in fact an emergency situation does not exist.
B. 
Before any alarm device or system is offered for sale in the City of Buffalo, an approval permit shall be secured from the City of Buffalo by the manufacturer, agent or distributor. This permit of approval is required for all alarm systems and devices, including those required by this Code or other City ordinances or state laws or for any other building, structure or private dwelling.
C. 
All alarm systems required to be installed in buildings or structures within the City of Buffalo, whether by state law or local ordinances, shall comply with the following:
(1) 
Approval by the Bureau of Fire Prevention or Police Department shall be required for the installation of all alarm systems required under this Code, state law or other local ordinances. Operation of an alarm system without such approval shall result in fines as outlined in Chapter 175, Fees.
(2) 
At least two sets of plans for approval are required, showing the location of alarm boxes, gongs or signaling devices and detection devices along with the location of the trouble bell and control panel. One copy of the approved plans shall be maintained on file with the City of Buffalo. The other copy shall be returned to the applicant.
(3) 
Fees for such licenses, permits and fines thereof shall be provided in Chapter 175, Fees.
D. 
Effective September 1, 1993, it shall be unlawful to conduct an alarm-monitoring business in the City unless such business has registered with the City as hereinafter provided. "Alarm-monitoring business" shall mean any person, firm or corporation engaging in the business of offering the service of receiving emergency signals from alarm devices or systems installed in residential, commercial or other premises, monitoring said signals and relaying them to an emergency agency:
(1) 
Each alarm-monitoring business shall apply for registration to the Commissioner of Permit and Inspection Services and supply therewith such information and documents as may be required by the Director, including without limitation documentary evidence that such business is duly licensed by the State of New York to conduct its business, and a certificate executed under the penalties of perjury by the chief operating official of such alarm-monitoring business certifying the accounting for the number of customers in the City to which such alarm-monitoring business provides service subject to registration required by Subsection F hereof.
[Amended 12-9-2003, effective 12-19-2003]
(2) 
Each registration shall expire every two years on September 1 and shall be renewable biennially thereafter.
[Amended 5-22-1995, effective 6-2-1995]
(3) 
The fee for such registration and any renewals thereof shall be as provided in Chapter 175, Fees. Upon the payment of such fee and upon compliance with the provisions of this chapter, a certificate of such registration shall be issued by the Commissioner of Permit and Inspection Services.
[Amended 12-9-2003, effective 12-19-2003]
E. 
Effective August 1, 1993, except for property owned or operated by a federal, state or local government or agency thereof and except for museums, any person, firm or corporation owning or operating an alarm system or device which is directly connected by any electrical or electronic means, other than by an automatic telephone dialer, with a City police or fire station or other emergency agency operated by the City shall biennially pay a fee as provided in Chapter 175, Fees. Nothing contained herein shall require the City to maintain or continue said direct connection, and the City may discontinue such connection at its sole discretion.
[Amended 5-22-1995, effective 6-2-1995]
F. 
On the date of installation and on each biennial anniversary thereafter of the installation of each alarm system or device installed on or after September 1, 1993, and on or after September 1, 1993, on the biennial anniversary of installation of each alarm system or device installed prior to September 1, 1993, each alarm-monitoring business shall, on behalf of the City, conduct the registration of each such individual alarm system or device located within the City, which such alarm-monitoring business monitors either directly or by a third-party. Such registration shall be accomplished by completing a form supplied by the Commissioner of Permit and Inspection Services which shall require such information as shall be specified by the Commissioner of Police and Commissioner of Fire. Such registration form shall include a unique registration number for each system. Such registration number shall be identified when the alarm-monitoring business or its agents or employees requests assistance by the City Police or Fire Departments by calling 911 or other public safety emergency response system as a result of an alarm being set off. Upon completion of the registration form with respect to any alarm system or device, the alarm-monitoring business shall transmit the appropriate counterparts to the City agencies as shall be specified on the form, and one counterpart shall be delivered to the owner or operator of such alarm system or device and shall serve as evidence of registration. The fee for such registration shall be as set forth in Chapter 175, Fees, and shall be payable in advance by the alarm-monitoring business upon acquisition of the registration forms. Each such alarm-monitoring business is herewith authorized to collect from each owner or operator of each duly registered alarm system or device the amount equal to such registration fee for each such system or device registered; provided, however, that in no event shall any such owner or operator be charged, directly or indirectly, more than the actual amount of such fee.
[Amended 4-16-1996, effective 4-29-1996; 12-9-2003, effective 12-19-2003; 7-20-2004, effective 8-2-2004]
G. 
Each failure to register or to comply with the provisions of Subsection D hereof shall be a violation punishable by a fine of $250 for the first offense and a fine of $500 for the second offense and each offense thereafter. Each alarm dispatch request made by an unlicensed alarm monitoring company shall be defined as a separate offense. Each failure of an alarm-monitoring business to register, to conduct or to cooperate with such a registration or to otherwise comply with the requirements of Subsection F hereof shall be a violation punishable by a fine of $50 for the first offense, $100 for the second offense and $200 for the third offense and each offense thereafter. Each alarm dispatch request for an unregistered alarm device or system shall be considered a separate offense.
[Amended 4-16-1996, effective 4-29-1996; 7-20-2004, effective 8-2-2004]
H. 
The provisions of § 165-17 requiring a permit for electrical work shall not apply to any fire or security alarm system installed prior to July 1, 1993, provided that such system has been otherwise installed and is operating in accordance with applicable law, and provided further that such system has been registered in accordance with the provisions of this chapter.
I. 
Excessive avoidable alarms.
(1) 
In order to protect and promote the health, safety and general welfare of the residents of the City of Buffalo by reducing the number of avoidable alarms of fire, intrusion, holdup or other emergencies which contribute to ineffective utilization of police and fire emergency agencies, require emergency responses which are susceptible to high accident rates, interfere with genuine emergencies (responses) and produce unnecessary alarm noise to the surrounding community and also to encourage owners of alarm systems or devices to maintain such systems or devices in good repair so as to prevent the danger associated with repeated avoidable alarm responses by the Department of Fire and the Department of Police, all owners of alarm devices or systems shall be subject to an excessive use fee as specified in Chapter 175, Fees, as a result of any avoidable alarm in excess of three per year, based upon the calendar year upon which an approval permit for such alarm device or system was issued, for which the Department of Fire or the Department of Police has responded. Any avoidable alarm in excess of three shall be classified as an excessive avoidable alarm for which an excessive use fee shall be charged to the owner of the alarm system or device or to the owner of property monitored by an alarm system or devices. An excessive avoidable alarm shall not include alarms activated by acts of God, such as hurricanes, tornadoes or earthquakes. An "owner of an alarm device or system" shall mean the person whose name is provided on the approval permit issued for such alarm device or system.
[Amended 11-3-1999, effective 11-17-1999]
(2) 
When an alarm device or system has activated three avoidable alarms during a calendar year, the Commissioner of Permit and Inspection Services shall notify the alarm owner and the owner of the property monitored by such alarm device or system, in writing, by means of first-class mail sent to the address listed on the permit application and to the address to which an emergency response was required, respectively. Such notice shall inform the alarm owner and the owner of the property monitored by an alarm device or system that additional avoidable alarms will be deemed excessive avoidable alarms subject to an excessive use fee as provided in this section. Such notice shall specify the fee schedule for successive excessive false alarms and shall state that excessive use fees will be billed to the address listed on the permit application and to the address at which an emergency response was required in the event of additional false alarms within the year. Such notice shall also state that in the event that the alarm owner or owner of the property monitored by an alarm device or system fails to pay any excessive use fee within 90 days after the initial billing, the excessive use fee shall be subject to collection by the Division of Collections or through private collection action should the City so desire.
[Amended 3-5-1996, effective 3-18-1996; 12-9-2003, effective 12-19-2003; 7-20-2004, effective 8-2-2004]
(3) 
The Department of Police and the Department of Fire shall regularly conduct an internal review of all avoidable alarm reports and the Commissioner of each such Department shall designate members of their respective Departments to collect such evidence and make recommendations and findings of facts concerning classification of avoidable alarms as excessive avoidable alarms. The Commissioner of Fire or the Commissioner of Police shall certify to the Commissioner of Permit and Inspection Services, the property addresses at which three avoidable alarms or at which any excessive avoidable alarms have occurred within 30 days of such occurrence. The Director of Administrative Adjudication shall establish procedures whereby an alarm owner or owner of property monitored by an alarm system or device may present evidence as to why any such avoidable alarm should not be classified as an avoidable alarm. In order to challenge the classification of an avoidable alarm as an excessive avoidable alarm, an alarm owner or an owner of property monitored by an alarm device or system must notify the Director of Administrative Adjudication, in writing, within 20 days after the date of notification to the alarm owner or the owner of property monitored by an alarm device or system of the excessive avoidable alarms incurred during the preceding period, except that the first three avoidable alarms may only be challenged within 20 days of notification to an alarm owner or an owner of property monitored by an alarm device or system of a fourth avoidable alarm deemed to be an excessive avoidable alarm during a permit year. The failure to give timely notice shall be deemed a waiver of the right to challenge the classification. The Director of Administrative Adjudication shall make final determinations concerning such classifications, which determinations shall be reviewable only pursuant to Article 78 of the Civil Practice Law and Rules.
[Amended 4-16-1996, effective 4-29-1996; 12-9-2003, effective 12-19-2003]
(4) 
Each avoidable alarm shall require a report by the responding fire or police officer specifying the location of the alarm, the property address, the time of the alarm, the time of the response, the name of the responding officer and a description of the facts upon which a determination of avoidable alarm may be made. No avoidable alarm shall be classified as an excessive alarm and no fee shall be imposed therefore unless such report is recorded in the regular course of business of the relevant Department.
(5) 
The fee for any excessive false alarm shall be billed to the alarm owner and/or owner of the property monitored by an alarm system or device by means of a first-class mail. Any such billing shall specify the date and time of each avoidable alarm occurrence leading to and including any deemed to be an excessive avoidable alarm. In the event of nonpayment within 90 days after the initial billing of such excessive alarm occurrence, the excessive use fee shall be subject to collection by the Division of Collections.
[Amended 3-5-1996, effective 3-18-1996]
J. 
Automatic dialer feature. No alarm system or device shall have an automatic dialer feature or other type of feature which connects automatically to an enhanced 911 emergency telephone system, and there shall be no automatic alarm system with direct communication of any type to an emergency agency, including the Department of Fire and the Department of Police, without prior written authorization from the emergency agency where the alarms terminate.
K. 
At-risk buildings and/or facilities. There are special considerations that must be addressed in providing fire protection for certain facilities and buildings within the City. At risk buildings and/or facilities that do not have a direct, immediate, speedy means of egress during a fire or emergency situation present a danger to the public health and safety. These facilities, including hospitals, nursing care, elder care and handicapped buildings, high-rise buildings (more than seven floors), hotels, schools, theaters and other such areas of assembly where the public is at increased risk during a fire or emergency, shall be protected by an approved, direct, immediate connection to the City's fire alarm system, provided that connection can be accommodated by the Fire Department, as determined by the Superintendent of Fire Alarms or his designee.
L. 
Automatic cutoff system required.
(1) 
No person shall install or maintain an external audible alarm device which does not contain an operational automatic cutoff system which turns off the external audible alarm after a period not to exceed 10 minutes.
(2) 
An automatic dialer connected directly to an emergency agency shall automatically disconnect and/or terminate its message after the message has been transmitted a maximum of two times. The total transmission time of all messages cannot exceed two minutes.
(3) 
Special permits. Any alarm user otherwise required by federal, state, county or municipal statute, regulation, rule or ordinance to install, maintain and operate an alarm system is also required to comply with the provisions of this section.
M. 
User instruction.
(1) 
Every alarm business selling, leasing or furnishing to any user an alarm system which is installed on the premises affected by this section must furnish the user with instruction that provides information to enable the user to operate the alarm system at any time. The alarm business also must inform each alarm user of the requirement to obtain a permit and where it can be obtained.
(2) 
Standard form instructions shall be submitted by every alarm business to the Commissioner of Permit and Inspection Services. If the Commissioner of Permit and Inspection Services reasonably finds such instructions to be incomplete, unclear or inadequate, the Commissioner of Permit and Inspection Services may require the alarm business to revise the instruction to comply with this section and then to distribute the revised instruction to its alarm users.
[Amended 12-9-2003, effective 12-19-2003]
N. 
Confidentiality and statistics. All information submitted in compliance with this section shall be held in the strictest confidence and is deemed public record exempt.
O. 
Interpretation. This section shall be liberally constructed to effect the purpose of this section and to achieve uniform interpretation and application of this section.
P. 
Saving clause. If any subsection, phrase, clause, sentence or word in this section shall for any reason be held invalid or unconstitutional by a court of competent jurisdiction, it shall not nullify the remainder of this chapter but shall be confined to the subsection, subdivision, clause, sentence or word so held invalid or unconstitutional.
A. 
A license shall be required by each owner-operator, firm, partnership, association or corporation who commercially engages in the servicing, repairing, filling or refilling of portable fire extinguishers in the City of Buffalo.
B. 
Any person employed by any firm, partnership, association or corporation engaged in commercially servicing fire extinguishers shall be allowed to operate in the repairing, filling or refilling, servicing, recharging, installing and testing under the license issued to such firm, partnership, association or corporation. The license shall be issued by the Commissioner of Permit and Inspection Services, upon approval by the Bureau of Fire Prevention. The license shall expire every two years on the 31st of December and may be renewed biennially thereafter. The fee for such license or renewal thereof shall be as provided in Chapter 175, Fees.
[Amended 5-22-1995, effective 6-2-1995; 12-9-2003, effective 12-19-2003]
C. 
All servicing, repairing, filling, refilling, recharging, installing and testing shall be in compliance with recognized applicable standards.
D. 
It shall be unlawful for any person to sell or offer for sale in the City of Buffalo any make, type or model of extinguisher, either new or used, unless such make, type or model of extinguisher has first been tested and approved by a nationally recognized testing laboratory or other testing laboratory approved by the Bureau of Fire Prevention as providing adequate and reliable test and examination.
E. 
No extinguisher will be considered as being approved even if it bears the label of a nationally recognized testing laboratory if it contains any of the following liquids: carbon tetrachloride, methylene bromide, chlorobromomethane or any other toxic or poisonous liquid.
A. 
Permits required for public display of fireworks. All permits where a public display of fireworks shall be issued by the municipality to religious or civic organizations, fair associations, amusement parks or organizations of individuals authorized to be issued by Subdivision 2 of § 405.00 of the Penal Law shall be issued by the Commissioner of Permit and Inspection Services of the City of Buffalo. No such permits for a public display of fireworks shall be issued by the Commissioner of Permit and Inspection Services of the City of Buffalo without the written permission or approval of the Commissioner of Police and Commissioner of Fire and the filing with the Commissioner of Permit and Inspection Services of a bond or a liability policy as required under Subdivision 4 of § 405.00 of the Penal Law. A fee as provided in Chapter 175, Fees, shall be charged by the Commissioner of Permit and Inspection Services for issuing any such permit. The above-mentioned bond or liability policy shall be approved as to form by the Corporation Counsel and as to sufficiency by the Comptroller of the City of Buffalo. The permit shall indicate the period during which such public displays shall last. Failure to obtain a permit pursuant to this section shall constitute a violation of this section and shall be punishable by a Class D fine in the amount of $75. This shall be in addition to any other penalty provided in the Code of the City of Buffalo or in any other law.
[Amended 5-27-1997, effective 6-9-1997; 6-5-2003, effective 6-6-2003]
B. 
Sales prohibited. No wholesale dealer, jobber or manufacturer shall sell any fireworks to any organization or group of persons mentioned above unless the permit has actually been issued to such organizations or group of persons.
C. 
Application. Applications for permits for public display of fireworks shall be made at least five days in advance from the date of display.
D. 
Requirements and regulations. The permit shall contain the following provisions:
(1) 
The actual point at which the fireworks are to be fired shall be at least 200 feet from the nearest permanent building, public highway or railroad or other means of travel and at least 50 feet from the nearest aboveground telephone or telegraph line, tree or other overhead obstruction.
(2) 
The audience at such displays shall be restrained behind lines or other barrier at least 150 feet from the point at which the fireworks are discharged, and only persons in active charge of the display shall be allowed inside this line or barrier.
(3) 
All fireworks that fire a projectile shall be so set up that the projectile will go into the air as nearly as possible in a vertical direction, unless such fireworks are to be fired from the shore of a lake or other large body of water, where they may be directed in such manner that the failing residue from the deflagration will fall into such lake or body of water.
(4) 
Any fireworks that remain unfired after the display is conducted shall be immediately disposed of in a way safe for the particular type of fireworks remaining.
(5) 
No fireworks display shall be held during any windstorm in which the wind velocity reaches more than 30 miles per hour.
(6) 
All persons in actual charge of firing the fireworks shall be over the age of 18 years, competent and physically fit for the task.
(7) 
There shall be at least two operators constantly on duty during the discharge.
(8) 
At least two approved-type fire extinguishers of at least two-and-one-half-gallon capacity each shall be kept at the widest separated points as possible within the actual area of the display.
E. 
Effect of permit. After the permit is issued, sales, possession, use and distribution of fireworks for such display shall be lawful solely therefor. The City of Buffalo shall not issue a permit for private display of fireworks for private family entertainment.
[Amended 12-9-2003, effective 12-19-2003]
A license shall be required to conduct any fruit-ripening process, which shall be issued by the Commissioner of Permit and Inspection Services subject to the approval of the Fire Prevention Bureau. Said license shall expire on December 31 after issuance and be renewable annually thereafter. The fee therefor shall be as provided in Chapter 175, Fees.
A. 
A license shall be required for the storage or handling of more than 55 gallons of corrosive liquids or more than 500 pounds of oxidizing materials or more than 10 pounds of organic peroxides or more than 500 pounds of nitromethane fertilizers and fertilizer mixtures or any amount of highly toxic material or poisonous gas. This license shall be issued by the Commissioner of Permit and Inspection Services, subject to the approval of the Fire Prevention Bureau. Said license shall expire on December 31 after issuance and be renewable annually thereafter. The fee therefor shall be as provided in Chapter 175, Fees.
[Amended 12-9-2003, effective 12-19-2003]
B. 
Before authorizing the issuance of a license, the Bureau of Fire Prevention may require the following:
(1) 
A report from an approved testing laboratory setting forth the physical and chemical properties of the chemical in question, whenever such properties are not readily available in published references or from other recognized sources.
(2) 
Evidence that the manner of manufacture, processing, storage, use or transportation of the hazardous chemicals in question is in accordance with nationally recognized safe practices and that no undue hazard to life or property is involved.
(3) 
Qualification, experience and knowledge of the person who is to supervise the operations involving the particular material. Reports concerning materials or processes may be marked for the confidential information of the Bureau of Fire Prevention, who shall use the data contained therein to evaluate the fire and explosion hazard.
[Amended 12-9-2003, effective 12-19-2003]
A license shall be required for any person storing in excess of 100,000 board feet of lumber, which shall be issued by the Commissioner of Permit and Inspection Services, upon approval of the Bureau of Fire Prevention. Said license shall expire on December 31 and be renewable annually thereafter. The fee therefor shall be as provided in Chapter 175, Fees.
[Amended 12-9-2003, effective 12-19-2003]
A license shall be required for any person for the melting, casting, heat treating, machining or grinding of more than 10 pounds of magnesium per working day, which shall be issued by the Commissioner of Permit and Inspection Services, upon approval of the Bureau of Fire Prevention. Said license shall expire on December 31 after issuance and be renewable annually thereafter. The fee therefor shall be as provided in Chapter 175, Fees.
A. 
No person, firm or corporation shall store, keep for sale or offer for sale any fixed ammunition for small arms, at wholesale or retail, without a license from the Commissioner of Permit and Inspection Services of the City of Buffalo upon the approval of the Bureau of Fire Prevention. The license shall expire on December 31 of each year following the date of issuance. The license fees shall be as provided in Chapter 175, Fees.
[Amended 12-9-2003, effective 12-19-2003]
B. 
In the application for such license, the applicant shall set forth the place of storage of the same.
[Amended 12-9-2003, effective 12-19-2003]
No person shall manufacture matches without a license. No person shall store matches exceeding 25 cases without a license. A license for the manufacture or storage of matches shall be issued by the Commissioner of Permit and Inspection Services, subject to the approval of the Fire Prevention Bureau. The fee therefor shall be as provided in Chapter 175, Fees.
No tent shall be erected, used or occupied without the written permission of the Bureau of Fire Prevention. A person receiving a permit for the erection and use of a tent shall be subject at all times to the orders and regulations of the Bureau of Fire Prevention. They shall promptly dismantle and remove such tent upon demand or upon the expiration or revocation of such permission. The design, construction, flameproofing, location, maintenance and use of tents for assembly and other uses allowed under this section shall be in accordance with recognized safe practices. Aisles, seating arrangements, number of persons total capacity, egress and illumination shall meet all requirements of the Bureau of Fire Prevention.
A. 
A license shall be required of each company, corporation, copartnership or owner-operator performing welding or cutting operations using acetylene or other gases under pressure or electric arc welding or cutting or any combination thereof. Exceptions shall be:
(1) 
Where such work is done in response to an emergency.
(2) 
Where such work is done as a hobby and a nominal gas capacity of all cylinders in use or connected for use does not exceed 400 cubic feet or small noncommercial electric arc welding is used.
(3) 
Where the welding or cutting is an integral part of the business of a licensed repair garage.
B. 
A license shall be required for the storage of cylinders or containers used in conjunction with welding or cutting operations or containers stored at charging plants or at plants or distributors devoted primarily to the storage and distribution of oxygen, acetylene, hydrogen and liquefied petroleum gas when more than 2,000 cubic feet of flammable compressed gas (other than liquefied petroleum gas), 300 pounds of liquefied petroleum gas or 6,000 cubic feet of nonflammable compressed gas is stored. The above licenses shall be issued by the Commissioner of Permit and Inspection Services, subject to the approval of the Bureau of Fire Prevention. Said license shall expire on December 31 after issuance and be renewable annually thereafter. The fees therefor shall be as provided in Chapter 175, Fees, for welding or cutting and for storage.
[Amended 12-9-2003, effective 12-19-2003]
C. 
A license for welding or cutting operations shall not be issued unless the individuals in charge of performing such operations are capable of doing the work in a safe manner. Demonstration of a working knowledge of the provisions of this article shall constitute acceptable evidence of compliance with this requirement.
D. 
Companies, corporations, copartnerships and owner-operators required to have licenses shall maintain a record of all locations where welding or cutting operations are performed and have it available for inspection by the Bureau of Fire Prevention. The Bureau of Fire Prevention shall be notified in advance where such work is taking place, except where such work is done in response to an emergency and does not allow time for the Bureau of Fire Prevention to be notified in advance of the work.
E. 
The following shall be excepted: welding performed in specified areas as approved by the Bureau of Fire Prevention in welding shops, industrial plants, flour mills, grain mills, feed mills, cereal plants, chemical plants, steel plants, machine shops, metal fabricating shops or other occupancies that have definite areas used for welding and cutting approved by the Bureau of Fire Prevention.