[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:
(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.
[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]
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:
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.
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.
