City of Utica, NY
Oneida County
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Table of Contents
Table of Contents
[Code 1964, § 12-1]
The Bureau of Fire shall participate in the Oneida County Fire Mutual Aid Plan as now in force and as amended from time to time.
[Code 1964, § 12-10; Ord. No. 35, 3-1-2006]
There is adopted by the Common Council, for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, that certain code known as the "Fire Prevention Code" recommended by the American Insurance Association, being particularly the 1970 Edition of the code and the whole of the code, save and except such portions as are deleted, modified or amended in this chapter, and the code is adopted and incorporated as fully as if set out at length in this section, and the provisions of the code shall be controlling within the limits of the City. No less than three copies of the code shall be on file in the office of the City Clerk.
The Common Council adopts the Property Maintenance Code of the state and the Fire Code of the state with any subsequent revisions.
[Code 1964, § 12-3(a), (b)]
Prohibited in certain places. No person shall set on fire or burn or cause to be set on fire or burned any combustible or inflammable materials or substances of any kind in any street, yard, lot or place other than in a building within the City.
Exceptions. This section shall not be deemed to apply to the use of outdoor fireplaces or the burning of materials in metal receptacles so as not to endanger the inhabitants of the City or their property on account of fire.
[Code 1964, § 12-9]
Definitions. As used in this section the following definitions shall apply:
Any material which is composed predominantly of specific hydrocarbons or mixtures of hydrocarbons including propane, propylene and butanes (normal butane or isobutane and butylenes).
Any industrial firm, corporation or company which, either in person or through representatives, engages in and is responsible for the installation of LP-gas-burning equipment.
Installation generally. All LP-gas-burning equipment installed, maintained or used in the City shall be installed by a qualified installing agency.
Approval of installation. All LP gas equipment installations shall be subject to approval by the department of codes enforcement and the bureau of fire prevention.
[Code 1964, § 23-51]
No person shall obstruct or cause to be obstructed any fire hydrant, nor shall any person place anything in front of, over or around the fire hydrant to prevent, hinder or interfere with its full and free use at all times.
[Ord. No. 131, 8-7-2002]
All buildings located within the City shall post the address of the property on the front door, above the front door, to the side of the front door or on the front of the porch roof, provided the roof is above the front door.
The letters and/or numbers used must be a minimum of three inches in height, in a contrasting color and secured to the building by nails, screws, adhesive or affixed in a permanent way. The letters/numbers are not to be spray painted or drawn on the building in a graffiti-like manner.
Violation of this section will result in a fine consistent with Section 2-1-7 herein.
[Code 1964, § 12-19(c)]
In this article, "Chief" means the person in charge of the Bureau Office in the Department of Public Safety.
[Code 1964, § 12-19(a), (b)]
Established; supervision. The Bureau of Fire Prevention in the Department of Public Safety is established, and the Bureau shall be operated under the supervision of the Chief.
Chief Inspector, assistant inspectors. The Commissioner of Public Safety shall appoint as Chief Inspector of the Bureau of Fire Prevention a Deputy Chief of the Bureau of Fire Prevention. The Chief may designate such number of assistant inspectors as shall from time to time be authorized by the Commissioner of Public Safety.
[Code 1964, § 12-20]
Generally. It shall be the duty of the officers of the Bureau of Fire Prevention to enforce all laws and ordinances of the state and City covering the following:
The prevention of fires.
The storage and use of explosives and inflammables.
The installation and maintenance of automatic and other fire alarm systems and fire-extinguishing equipment.
The maintenance and regulation of fire escapes.
The means and adequacy of exit in case of fire from factories, schools, hotels, lodginghouses, asylums, hospitals, churches, halls, theaters, amphitheaters and all other places in which numbers of persons work, live or congregate from time to time for any purpose.
The investigation of the cause, origin and circumstances of fires.
Additional powers and duties. The officers shall have other powers and perform such other duties as are set forth in other sections of this article and as may be conferred and imposed from time to time by law. The Chief may delegate any powers or duties under this article to the Chief Inspector.
[Code 1964, § 12-21]
The Chief shall prepare instructions for the Chief Inspector and the Chief Inspector's assistants and shall prepare forms for their use in the reports required by this article.
[Code 1964, § 12-22]
The Bureau of Fire Prevention shall investigate the cause or origin and circumstances of every fire occurring in the City in which property has been destroyed or damaged and, so far as possible, shall determine whether the fire is the result of carelessness or design. The investigation shall begin immediately upon the occurrence of such a fire by the assistant in whose district the fire occurs, and, if it appears to the officer making the investigation that the fire is of suspicious origin, the Chief shall be immediately notified of the fact, and the Chief shall immediately take charge of the physical evidence, shall 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.
Every fire shall be reported in writing to the Bureau of Fire Prevention within two days after the occurrence of the fire, by the officer in whose jurisdiction such a fire has occurred. The report shall be in such form as shall be prescribed by the Chief and shall contain a statement of all facts relating to the cause, origin and circumstances of the fire, the extent of the damage of the fire, the insurance upon the property and such other information as may be required.
[Code 1964, § 12-29]
The Chief shall keep in the office of the Bureau of Fire Prevention a record of all fires and of all the facts concerning fires, including statistics as to the extent of the fires, the damage caused by the fires and whether the losses were covered by insurance and, if so, in what amount. The record shall be made daily from the reports made by the inspectors under the provisions of this article.
[Code 1964, § 12-30]
The annual report of the Bureau of Fire Prevention shall be made on or before February 1 and transmitted to the Commissioner of Public Safety. It shall contain all proceedings under this article, with such statistics as the Chief may wish to include in the report.
[Code 1964, § 12-23]
Before any required license may be issued for the keeping, storage, use, manufacture, sale, handling, transportation or other disposition of highly inflammable materials and rubbish, crude petroleum or any of its products, gun or blasting powder, dynamite or explosives of any kind including fireworks, firecrackers and signaling explosives, the Chief, the Chief Inspector or the Chief Inspector's assistants shall inspect and approve the receptacles, vehicles, buildings or storage places to be used for any such purposes.
[Code 1964, § 12-24]
The Chief, Chief Inspector or an assistant specially designated may inspect as necessary all specially hazardous manufacturing processes, storages or installations of acetylene or other gases, chemicals, oils, explosives and inflammable materials, may inspect all interior fire alarms and automatic sprinkler systems and such other hazards or appliances as the Chief shall designate and may make such orders as may be necessary for the enforcement of the laws and ordinances governing the same and for safeguarding of life and property from fire.
[Code 1964, § 12-25; Ord. No. 35, 3-1-2006]
Duty. The Chief may inspect or cause to be inspected by the officers and members of the Bureau of Fire Prevention all buildings, premises and public thoroughfares, in dwellings, the interiors of private dwellings, for the purpose of ascertaining and causing to be corrected any conditions liable to cause fire or any violations of the provisions or intent of any ordinance of the City affecting the fire hazard and for the purpose of enforcing Sections 2-12-550—2-12-556.
Order to correct condition. Whenever any inspector finds in any building or upon any premises or other place any combustible or explosive matter or dangerous accumulations of rubbish or unnecessary accumulations of wastepaper, boxes, shavings or any highly flammable materials especially liable to fire and which is so situated as to endanger property or shall find obstructions to or on fire escapes, stairs, passageways, doors or windows liable to interfere with the operations of the Bureau of Fire or egress of occupants in case of fire the inspector may order the condition to be removed or remedied, within a time specified in the order and the order shall be complied with by the owner or occupant of the premises or buildings, subject to appeal within 24 hours to the chief as provided in Section 2-9-36. Violations of Sections 2-12-550 through 2-12-556 may be ordered to be corrected within a time specified in the order.
Service of order. The service of any order to remove or remedy the condition may be made upon occupant of the premises to whom it is directed either by delivering a copy of the order to the occupant personally or by delivering the order to and leaving it with any person in charge of the premises or, if no person is found upon the premises, by affixing a copy of the order in a conspicuous place and mailing a copy to the owners last known post office address, on the door to the entrance of the premises. Whenever it may be necessary to serve an order upon the owner, by mailing a copy to the owner's last known post office box address.
Failure to comply with order. Any owner or occupant failing to comply with the order within the period of time required in the order after the service of the order shall be liable to the penalties prescribed in Section 2-1-7 of this Code.
[Code 1964, § 12-26]
Duty of inspectors; order. The Chief or inspectors of the Bureau of Fire Prevention may inspect all buildings and premises within the jurisdiction of the Chief or inspectors. Whenever any of the officers shall find any building or other structure which, for want of repairs or the lack of or insufficient fire escapes, automatic or other fire alarm apparatus or fire extinguishing equipment or by reason of age or dilapidated condition or from any other cause, is especially liable to fire and which is so situated as to endanger other property or the occupants of the property and whenever the officers shall find in any building any combustible or explosive matter or inflammable conditions dangerous to the safety of the buildings or the occupants of the buildings, the inspectors may order the dangerous conditions or materials to be removed or remedied, fixing a time limit therefor, and the order shall be complied with by the owner or occupant of the premises or building.
Appeal from order. If such order is made by the Chief Inspector or any assistant inspectors, the owner or occupant may, within 24 hours, appeal to the Chief who shall, within five days, review the order and file a decision thereon and, unless by the Chief's authority the order is revoked or modified, it shall remain in full force and be complied with within the time fixed in the order or decision of the Chief.
[Code 1964, § 12-27]
Subject to constitutional limitations the Chief, the Chief Inspector or any assistant inspector may, at all reasonable hours, enter any building or premises within the jurisdiction of the Chief or the inspector for the purpose of making any inspection or investigation which, under the provisions of this article, may be deemed necessary to be made.[1]
Editor’s Note: Former Section 2-9-38, Fire Marshals authorized to carry firearms, added 7-18-2007 by Ord. No. 44, which immediately followed, was repealed 10-7-2015 by Ord. No. 198.