[Derived from Art X of Ch. XII of the Charter and Ordinances,
1974]
A.
Whoever willfully shall throw, drop or place, or shall cause or procure
to be thrown, dropped or placed, in or upon any building, incomplete
building, dilapidated building, structure, dilapidated structure and/or
premises any device, equipment or flammable or combustible liquid
or material capable of producing fire, either by itself or by electrical,
mechanical or chemical means or otherwise, shall be guilty of a violation
of this article. In addition to the punishment prescribed therefor,
he is liable for the cost for the response of the Fire Department
apparatus and manpower to the scene of the violation and the cost
of extinguishment by the Fire Department. The cost of the response
of the Fire Department equipment, apparatus and manpower shall be
estimated by the Commissioner of Fire and approved by the Comptroller
of the City of Buffalo. This cost shall be recovered in a civil action
against the person(s) and turned over to the general fund of the City
of Buffalo.
B.
There is an exception for any building or premises commonly used
for the storage of such materials and substances.
Every owner, tenant, occupant or other person in control of
any premises or part thereof, when vacating such premises or part
thereof in his control, shall leave such premises or part thereof
free and clear of all combustible waste material, refuse or other
combustible accumulations.
[1]
Editor's Note: Former § 103-41, Removal or
proper storage required, was repealed 7-20-2004, effective 8-2-2004.
[1]
Editor's Note: Former § 103-42, Storage of
combustible materials, was repealed 7-20-2004, effective 8-2-2004.
A.
The storage or sale of cut resinous Christmas trees (evergreen trees
having needle-like leaves) in buildings or structures used for residential
occupancy and/or other occupancy is hereby prohibited.
B.
The storage or sale of Christmas trees as described in this section
within a building or structure shall be limited to buildings or structures
one story in height.
C.
Storage of Christmas trees in buildings or on premises shall be orderly
and shall be located so as not to endanger exit from the building
or premises.
D.
Storage of Christmas trees outdoors shall not be more than 15 feet
in height, with a minimum distance of 10 feet from any frame building
or structure and from any window or door opening within an adjoining
structure or building.
E.
All Christmas trees, branches or parts therefrom and any other accumulated
waste combustible material shall be removed from the premises and
properly disposed of upon termination of sales for the Christmas season
and/or upon demand of the Department of Fire when the above is classified
as a hazard.
F.
There shall be no smoking within the building or structure storing
or displaying Christmas trees. Proper "prohibited smoking" signs shall
be posted in compliance with this article. Heating, when necessary,
of the building or structure shall be in an approved manner.
No person shall manufacture within the City of Buffalo any explosives.
No person shall use in a blasting operation a quantity of explosives
greater than necessary to start the rock properly. The Bureau of Fire
Prevention shall have the authority to prescribe the maximum quantity
of explosives to be used.
Blasting operations shall be conducted during daylight hours
except when authorized at other times by the Bureau of Fire Prevention.
A.
The Bureau of Fire Prevention may designate the location and specify
the maximum quantity of explosives or blasting agents which may be
loaded, unloaded, reloaded or temporarily retained at each terminal
where such operations are permitted.
B.
Shipments of explosives or blasting agents delivered by carriers
shall comply with Interstate Commerce Commission regulations.
C.
Carriers shall immediately notify the Bureau of Fire Prevention when
explosives or blasting agents are received at terminals.
D.
Carriers shall immediately notify the consignee of the arrival of
explosives or blasting agents at terminals.
E.
The consignee of a shipment of explosives or blasting agents shall
remove them from the carrier's terminal within 48 hours, Sundays
and holidays excluded, after being notified of their arrival.
A.
No person shall have, keep, store, sell or offer for sale, give away,
use, transport or manufacture any of the following explosives in any
quantity: liquid nitroglycerin; high explosives containing over 60%
of nitroglycerin, except gelatin dynamite; high explosives having
an unsatisfactory absorbent or one that permits leakage of nitroglycerin
under any condition liable to exist during transportation or storage;
nitrocellulose in a dry condition in a quantity greater than 10 pounds
in one exterior package; fulminate of mercury in bulk in a dry condition
and fulminate of all other metals in any condition except as a component
of manufactured articles not forbidden in this article; or explosives
containing an ammonium salt and chlorate.
B.
The following section is part of Chapter 495, Wharves, Harbors and Bridges: § 495-28, Explosives. No vessel laden in whole or in part with such explosives as defined in § 451 of the New York State Labor Law shall land at or make fast to any dock or wharf within the harbors, canals and other public waters of the City or be within such harbors, canals and other public waters or discharge or take on a full or partial cargo of such explosives within said limits except in accordance with such written permissions and regulations as provided in this Code and in accordance with the laws and regulations of the United States government and the State of New York and their several agencies pertaining thereto. The Bureau of Fire Prevention is hereby authorized to prevent any vessel with such explosives on board from making fast to any wharf or dock or unloading or loading such cargo within the limits aforesaid unless proper permissions have been granted. The Harbormaster shall render such assistance as requested by the Bureau of Fire Prevention to carry out the provisions of this section. The prohibitions herein contained shall not be construed to interfere with the authorized procedures of the Armed Forces of the United States and the State of New York and the duly constituted police or firefighting forces of the state and its civil and political subdivisions.
A.
No persons shall engage in the hand loading of small arms ammunition
except for private personal use only and not for resale. A reloading
of small arms ammunition shall be limited to the use of sporting or
smokeless powder. An amount not in excess of five pounds and in the
original container may be kept in a building without storing such
powder in a magazine. An amount not in excess of 10 pounds stored
in a magazine and 1,000 small arms primers packed in containers approved
by the Interstate Commerce Commission may be kept in a building. Smoking
while handling powder is prohibited. Storage of powder shall be inaccessible
to children.
B.
The hand loading of small arms ammunition is hereby prohibited in
all buildings classified as multiple dwellings or multiple housing.
Nothing contained in this article shall be construed to prevent
or interfere in any way with the sale of ammunition for revolvers
or pistols of any kind or for rifles, shotguns or other arms belonging
or which may belong to any person, whether as sporting or hunting
weapons or for the purposes of protecting him in his home. Nothing
in this article shall be construed to prohibit any resident wholesaler,
dealer or jobber to sell at wholesale such fireworks as are not herein
prohibited; or the sale of any kind of fireworks, provided that the
same are to be shipped directly out of state, in accordance with the
Interstate Commerce Commission regulations covering the transportation
of explosives and other dangerous articles by motor, rail and water;
or the use of fireworks by the railroads or other transportation agencies
for signal purposes or illumination; or the sale or use of blank cartridges
for a show or theater or for signal or ceremonial purposes in athletics
or sports or for use by military organizations. Such wholesalers,
dealers and jobbers shall store their supplies of fireworks in accordance
with this Code and will require a license as specified therein.
The Bureau of Fire Prevention, acting with the aid of a policeman,
shall seize, take, remove or cause to be removed, at the expense of
the owner, all stocks of fireworks offered or exposed for sale, stored
or held in violation of this article and § 270.00 of the
Penal Law and deliver the same to the Magistrate before whom the person
arrested is required to be taken.
A.
FIRE BOMB
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A breakable container containing a flammable liquid with
a flash point of 140° F. or less, having a wick or other device
which is capable of igniting the flammable liquid; or any device with
the capability of being used as a "fire bomb" whether manufactured
of plastic, gelatin or any other usable material to create a similar
effect and containing or having attached thereto any type of liquid
or chemical capable of igniting and causing fire. No device commercially
manufactured and used for the purposes of illumination shall be deemed
a "fire bomb."
B.
Any person who shall use, possess or manufacture, sell, offer for
sale, give, transfer or transport fire bombs is in violation of this
article. No person shall possess materials with the capability for
the manufacture of fire bombs.
C.
Nothing in this section shall prohibit the authorized manufacture,
use or possession of any material, substance or device by a member
of the Armed Forces of the United States, fire fighters or law enforcement
officers, nor does this section prohibit the manufacture, use or possession
of any material, substance or device to be used solely for scientific
research, educational purposes or for any lawful purpose.
A.
The storage, use, handling, keeping, manufacturing or sale of more
than 25 pounds of cellulose nitrate plastics (pyroxylin) within the
City of Buffalo is hereby prohibited.
B.
Exceptions are that the display, sale, storage or handling of cellulose
nitrate plastic for eyeglass frames shall be allowed.
