[Derived from Art IX of Ch. XI of the Charter and Ordinances, 1974]
A. 
The Bureau of Fire Prevention in the Department of Fire of the City of Buffalo is hereby reorganized and shall be under the control and supervision of the Commissioner of Fire.
B. 
It shall include an officer of the Department of Fire of the rank of Chief of the Bureau of Fire Prevention or of Battalion Chief as head of the Bureau, who shall be assisted in his duties by an officer of the Department of Fire of the rank of Assistant Chief of the Bureau of Fire Prevention or of Fire Captain.
C. 
The Commissioner of Fire may detail such officers and members of the Fire Department for inspections and other duties relating to the enforcement of this code as shall from time to time be necessary.
D. 
There shall also be a section within the Bureau of Fire Prevention for investigation of fires. The Commissioner of Fire may detail such other officers and members of the Department of Fire from time to time for investigation of fires as may be necessary.
A. 
It shall be the duty of the Bureau of Fire Prevention to enforce all laws and ordinances covering the following:
(1) 
The prevention of fires.
(2) 
The storage and use of explosives and flammables.
(3) 
The installation and maintenance of fire alarm systems and fire-extinguishing equipment and systems.
(4) 
The maintenance and regulation of exitways.
(5) 
The means and adequacy of exit in case of fire from factories, schools, hotels, motels, lodging houses, apartment houses, rooming houses, asylums, hospitals, churches, halls, theaters, places of assembly and all other places in which a number of persons work, live or congregate from time to time for any purpose.
B. 
It shall be the duty of the Bureau of Fire Prevention to investigate the cause, origin and circumstances of fires which may have been caused by arson, incendiarism or criminal negligence.
C. 
It shall have such other powers and perform such other duties as are set forth in other parts of this code and as may be conferred and imposed upon it from time to time by law.
A. 
Scope.
(1) 
Power to inspect. The Department is empowered, in the administration and enforcement of this article and all other applicable laws, to make inspections of any premises, subject to such laws, at any reasonable hours and upon proper identification by a representative of the Department.
(2) 
Duty to provide access. Authorized department representatives acting in the performance of their duties shall be provided reasonable access to the premises by those persons controlling such premises.
B. 
Search warrants.
(1) 
Premises warrants. The Department shall procure a search warrant upon refusal of reasonable access to any part of the premises by any person with control of the premises. Such warrant shall be specific and apply only to the area to which the inspector was denied access.
(2) 
Area warrants. There shall be no area warrants.
C. 
Emergencies. In case of an emergency where there may be immediate danger to life, health or safety, a warrantless inspection may be made at any time upon proper identification by a representative of the Department.
A. 
For maintenance. The person responsible for maintenance of the premises or personal property shall be permitted reasonable access for the purpose of repairs, alterations or otherwise complying with all applicable laws or departmental orders or notices. Such access shall be permitted at reasonable hours by any person in control of the premises.
B. 
To adjoining property. Owners or lessees in an appropriate case may apply for a license through a special proceeding to gain access to adjoining property for the purpose of making necessary repairs or improvements. Such petition shall be pursuant to Real Property Actions and Proceedings Law, § 881, and the licensee shall be liable for resulting actual damages.
[Amended 7-20-2004, effective 8-2-2004]
Whenever any of the officers or members of the Department of Fire of the City of Buffalo or Bureau of Fire Prevention shall find in any building or upon any premises dangerous or hazardous conditions or materials, he or they shall order such dangerous conditions or materials to be remedied or removed in such manner as may be specified by the Commissioner of Fire.
Every notice or order issued with respect to this code or with respect to any other ordinance of the City of Buffalo or law of the State of New York which is enforced by the Department of Fire shall be served at least five days before the time for compliance therewith, except where the Department shall determine that a shorter time is necessary for the protection of human life or property. It shall be sufficient notice of a departmental notice or order if it is served personally or by registered mail or if it is posted in a conspicuous place upon the premises affected and a copy thereof mailed on the same day it is posted to the person to whom it is directed, at the address registered by him in the Department, or if any address is not so registered in the Department, then in such case such notice or order shall be sent by registered mail to his last-known address or place of residence. Every such notice or order shall set forth the penalties for noncompliance with such notice or order.
A. 
Any person affected by any notice or order which has been issued in conjunction with the enforcement of any provision of this code or of any rule or regulation adopted pursuant thereto shall be granted a hearing on the matter before the Commissioner of Fire or his duly authorized deputy, if such person shall file in the office of the Commissioner of Fire, within five days after the notice or order was served, a written request for a hearing which shall set forth a statement of the grounds for such request. Upon receipt of such request for a hearing, the head of the Department shall set a time and place for the hearing and shall give the petitioner written notice thereof. The hearing shall be held not later than 10 days after the day on which the request was filed, except that where the notice or order is served specifically states that an emergency or hazardous condition exists such hearing shall be held not later than the next working day following the filing of said request. Except in such cases involving an emergency or hazardous condition, the Department of Fire may postpone any hearing for a reasonable time upon good cause shown by the petitioner.
B. 
At any such hearing, the petitioner shall be given an opportunity to be heard and to show cause why such notice or order shall be modified or revoked. The technical rules of evidence shall not apply at such a hearing. After such hearing, the Commissioner of Fire shall affirm, modify or revoke said notice or order as he may determine in his sole discretion. The petitioner shall be notified in writing as to the decision of the Commissioner of Fire, and if such notice or order is affirmed or modified, said notice or order as so affirmed or modified shall be complied with immediately by the petitioner. The provisions for the departmental hearings under this section, however, shall not empower the Commissioner of Fire or any other person to vary or modify any provisions of this code.
A. 
The Commissioner of Fire or his duly authorized deputy is empowered, in his discretion, to conduct formal hearings with respect to the following matters:
(1) 
The investigation of fires pursuant to § 103-23 of this article.
(2) 
The issuance, renewal or revocation of permits under § 103-26 of this article.
(3) 
To assist the Commissioner in making his recommendation to the Director of Housing and Inspections in connection with the issuance, renewal or revocation of any license required hereunder.
(4) 
To assist the Commissioner in determining whether the stated time for compliance with any notice, order or other directive issued under this code should be extended because of hardship, practical difficulties or other unusual circumstances.
B. 
The Commissioner, in and about any investigation authorized by this section and touching any matter connected therewith, may issue or cause to be issued subpoenas and compel the attendance of any person or persons and the production of any books, papers or documents in his or their possession or control which, in the judgment of the Commissioner, are connected with and necessary to such investigation. For such purpose, the Corporation Counsel at any time may cause subpoenas to be issued out of the Supreme Court, attested under the name of a Justice of such Court, in like form and with the same effect as though issued by such Justice in any action pending in a court of record, and such subpoenas may be served and proof of service may be made in the same manner as by law provided for the service of subpoenas out of such court. Upon proof of service of the subpoena and proof of noncompliance therewith or failure to attend and testify as directed therein or failure to produce any book, paper or document in the possession or control of the persons named in the subpoena and directed to be produced therein or failure or refusal on their part to answer any pertinent question, application may be made before any Justice of the Supreme Court, who may thereupon cause to be arrested and punished as for a contempt of the orders of such court the person or persons named in such subpoena.
C. 
Any person or persons who fail to attend and testify as required by any subpoena issued under the authority of this section shall be liable to a penalty in the sum of $50.
D. 
The Commissioner or his duly authorized deputy, in the conduct of any investigation authorized by this section, shall have the power to administer oaths and affirmations, and any false swearing under such oath or affirmation shall be perjury.
E. 
The Commissioner or his duly authorized deputy conducting such investigation may take the testimony, under oath, of all persons supposed to be cognizant of any fact or to have means of knowledge in relation to the subject of the investigation and shall cause the same to be reduced to writing and verified. All such testimony, together with the report of the Bureau of Fire Prevention setting forth its opinions and conclusions in respect to the matter, shall be transmitted to the Commissioner. With respect to any formal hearing conducted in connection with the investigation of a fire, a copy of such testimony and the report may be furnished, in the discretion of the Commissioner, to the Police Department, to the District Attorney of Erie County, to the owners of the property involved and to any other persons directly interested in the subject matter of the investigation.
F. 
With respect to the issuance, renewal or revocation of any permit, at the conclusion of the hearing the Commissioner shall thereupon take such action and make such determination as he deems proper and shall advise the Bureau of Fire Prevention and the applicant for the permit in writing as to his determination.
In addition to being subject to the penalties prescribed by this article, any person served with a notice or order of the Fire Department to remove, correct or remedy a dangerous or hazardous condition as provided in §§ 103-18 through 103-21 of this article, who fails to properly comply therewith, shall be liable for the payment of all costs and expenses of extinguishing any fire resulting directly or indirectly from said failure to comply. The amount of such costs and expenses shall be fixed by the Commissioner. If the Corporation Counsel and the Commissioner shall determine that the City of Buffalo has the right to collect such costs and expenses, the Corporation Counsel shall institute a civil action in the name of the City of Buffalo against all culpable persons to collect such costs and expenses.
A. 
The Bureau of Fire Prevention or any officer or member of the Department of Fire designated by the Commissioner of Fire shall investigate the cause, origin and circumstances of every fire occurring in the City of Buffalo which is of a suspicious nature or which involves loss of life or injury to persons or by which property has been destroyed or substantially damaged. Such investigation shall be begun immediately upon the occurrence of such a fire by the Battalion Chief in whose district the fire occurs, and if it appears to the officer making such investigation that such fire is of suspicious origin, he shall notify the Fire Investigation Section of the Bureau of Fire Prevention immediately of the facts, and said Section shall take charge immediately of the physical evidence, notify the proper authorities designated by law to pursue the investigation of such matters and shall further cooperate with the authorities in the collection of evidence and in the prosecution of the case.
B. 
Every fire shall be reported in writing to the Bureau of Fire Prevention within two days after the occurrence of the same by the officer in whose jurisdiction such a fire has occurred. Such report shall be in such form as shall be prescribed by the Commissioner of Fire and shall contain a statement of facts relating to the cause, origin and circumstances of such fire, the injury to persons and extent of the damage thereof and such other information as may be required.
C. 
The Corporation Counsel and the Police Department, upon request of the Bureau of Fire Prevention, shall assist the officers and members of the Department of Fire in the investigation of any fire which in their opinion is of suspicious origin.
[Amended 4-28-1992, effective 5-11-1992]
A. 
The Commissioner of Fire shall keep, in the office of the Bureau of Fire Prevention, a record of all fires and of all the facts concerning the same, including statistics as to the extent of such fires and the damage caused thereby and whether such losses were covered by insurance and, if so, the name of the company that issued the policy and the amount thereof. Such records shall be made daily from reports made by the officers and members of the Fire Department. All such reports and records shall be public documents. A copy of such report shall be filed within 24 hours with the Corporation Counsel. If the Corporation Counsel shall determine that the City of Buffalo has the future right to collect any demolition costs incurred or to be incurred, he shall file suit against all interested parties and shall file notice of the pendency of the action with the County Clerk to impress a lien upon the fire insurance proceeds which may accrue to the property owner or other claimant.
B. 
There shall be a charge for search of Fire Department files as provided for in Chapter 175, Fees.
[Amended 7-20-2004, effective 8-2-2004]
A. 
A license is herein referred to as a written authority of the Commissioner of Permit and Inspection Services, issued upon approval of the Bureau of Fire Prevention pursuant to this code, to purchase, own, possess, transport or use explosives or blasting agents or to have, keep, store, use, manufacture, sell or handle hazardous chemicals, gases and flammable materials and to establish, operate or maintain establishments as defined in this code.
B. 
All applications for licenses required by this code shall be on forms furnished by the Commissioner of Permit and Inspection Services and shall be referred to the Bureau of Fire Prevention for its approval.
C. 
Every license granted by the Commissioner of Permit and Inspection Services under the provisions of this code, unless otherwise fixed by any provision of this code or by the Commissioner of Permit and Inspection Services, shall expire on December 31 of each year after issuance. Such license shall at all times be kept on the premises designated therein and shall at all times be subject to inspection by any officer or member of the Department of Fire or Department of Police or any inspector from the Department of Permit and Inspection Services. The fee for each license shall be fixed by the applicable provision of this code, and such licenses may be renewed annually, with the approval of the Commissioner of Permit and Inspection Services, upon payment of the renewal fee fixed by this code.[1]
[1]
Editor's Note: See Ch. 175, Fees.
A. 
Permits issued under this code do not take the place of any license required by law or this code. Permits issued under this code shall not be transferable, and any change in ownership or occupancy of premises shall require a new permit.
B. 
All applications for a permit required by this code shall be made to the Bureau of Fire Prevention on such forms and in such detail as it shall prescribe. Applications for permits shall be accompanied by such plans as may be required by the Bureau of Fire Prevention. Permits shall at all times be subject to inspection by any officer or member of the Department of Fire or Police.
C. 
The Bureau of Fire Prevention may revoke a permit or approval issued if any violation of this code is found upon inspection or if there has been any false statement or misrepresentation as to a material fact in the application or plans on which the permit or approval was based.
[Added 7-11-2000, effective 7-21-2000]
The following words, as used in § 103-26.2, shall have the meanings herein stated, unless a different meaning clearly appears from the context:
FIRE ALARM SYSTEM
An electrically supervised system of sounding a fire alarm or alarms, installed in such a manner that it can be operated manually from any story.
FIRE DETECTING SYSTEM
A system which automatically detects a fire or an abnormal rise in temperature and actuates the fire alarm.[1]
[1]
Editor's Note: Former § 103-26.2, Fire alarm systems, which immediately followed, was repealed 7-20-2004, effective 8-2-2004.