[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.
USED TIRE
WASTE TIRE
As used in this section, the following terms shall have the meanings
indicated:
A tire that meets the requirements of New York State Department
of Motor Vehicles Inspection Regulation Part 79.21c.
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.
(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]
(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]
(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.
[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.
ALARM DEVICE OR SYSTEM
ALARM USER
AUTOMATIC DIALER
AVOIDABLE ALARM
General definitions. The following terms and words, when used in
this section, shall have the meanings and effects as follows:
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.
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.
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.
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.
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.
