Village of Dundee, NY
Yates County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Dundee 5-13-1975 by L.L. No. 1-1975 as Ch. 15 of the 1975 Village of Dundee Municipal Code. Sections 63-3, 63-4, 63-5, 63-6 and 63-9A amended at time of adoption of Code; see Ch. 1, General Provisions, Art. II. Other amendments noted where applicable.]
GENERAL REFERENCES
Uniform Fire Prevention and Building Code — See Ch. 64.
A. 
The Fire Prevention Code[2] shall be enforced by the Fire Marshal, who shall be appointed by the Mayor subject to the approval of the Board of Trustees.
[2]
Editor's Note: See now Ch. 64, Fire Prevention and Building Code, Uniform, for provisions regarding the New York State Uniform Fire Prevention and Building Code.
B. 
The Fire Marshal may be assisted by such officers and members of the Village Fire Department as he may designate from time to time. Each of the persons so designated shall have the authority to make inspections and otherwise enforce the Fire Prevention Code,[3] except the issuance, revocation or suspension of permits, but a copy of each inspection, report or other official action shall be filed with the Fire Marshal.
[3]
Editor's Note: See now Ch. 64, Fire Prevention and Building Code, Uniform, for provisions regarding the New York State Uniform Fire Prevention and Building Code.
C. 
The Fire Marshal shall recommend to the Board of Trustees the employment of technical inspectors whenever he deems it necessary or appropriate.
D. 
A report of the Fire Marshal shall be made annually and transmitted to the Board of Trustees; it shall contain all proceedings under the Fire Prevention Code,[4] with such statistics as the Fire Marshal may wish to include therein. The Fire Marshal shall also recommend any amendments to the Fire Prevention Code which, in his judgment, shall be desirable.
[4]
Editor's Note: See now Ch. 64, Fire Prevention and Building Code, Uniform, for provisions regarding the New York State Uniform Fire Prevention and Building Code.
[1]
Editor's Note: Former § 55.1, Adoption of Fire Prevention Code, which immediately preceded this section, was deleted at time of adoption of Code; see Ch. 1, General Provisions, Art. II.
As used in this chapter, the following terms shall have the meanings indicated:
CHIEF OF THE BUREAU OF FIRE PREVENTION OR BUREAU OF FIRE PREVENTION
The Fire Marshal.
CORPORATION COUNSEL
The Village Attorney.
MUNICIPALITY
The Village of Dundee of the County of Yates and State of New York.
The limits in which storage of explosives and blasting agents is prohibited are hereby established as follows:
A. 
All zoning districts established by Chapter 138, Zoning, of this Code, except the L-C Land Conservation and M-1 Industrial Districts.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. II.
A. 
The limits in which storage of flammable liquids in outside aboveground tanks is prohibited are hereby established as follows:
(1) 
All zoning districts established by Chapter 138, Zoning, of this Code, except the L-C Land Conservation and M-1 Industrial Districts.
B. 
The limits in which new bulk plants for flammable or combustible liquids are prohibited are hereby established as follows:
(1) 
All zoning districts established by Chapter 138, Zoning, of this Code, except the L-C Land Conservation and M-1 Industrial Districts.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. II.
The limits in which bulk storage of liquefied petroleum gas is restricted are hereby established as follows:
A. 
All zoning districts established by Chapter 138, Zoning, of this Code, except the L-C Land Conservation and M-1 Industrial Districts.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. II.
A. 
Outdoor fires prohibited; exception. No person shall kindle or maintain any bonfire, rubbish fire, grass fire or any other outdoor fire except a barbeque fire or a fire for the cooking of food and then only in a fireplace or other fireproof container or barbeque pit and shall not locate the same near or adjacent to any flammable material or structures so as to cause a fire hazard unless permission is obtained pursuant to the Environmental Conservation Law.
B. 
The Fire Marshal may prohibit. The Fire Marshal may prohibit any and all outdoor fires when atmospheric conditions or local circumstances make such fires hazardous.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. II.
The Fire Marshal shall have the power to modify any of the provisions of the Fire Prevention Code[1] upon application in writing by the owner or lessee, or his duly authorized agent, when there are practical difficulties in the way of carrying out the strict letter of the code, provided that the spirit of the code shall be observed, public safety secured and substantial justice done. The particulars of such modification, when granted or allowed, and the decision of the Fire Marshal thereon shall be entered upon the records of the Department, and a signed copy shall be furnished to the applicant.
[1]
Editor's Note: See now Ch. 64, Fire Prevention and Building Code, Uniform, for provisions regarding the New York State Uniform Fire Prevention and Building Code.
Whenever the Fire Marshal shall disapprove an application or refuse to grant a permit applied for or when it is claimed that the provisions of the Fire Prevention Code[1] do not apply or that the true intent and meaning of the Fire Prevention Code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Fire Marshal to the Board of Trustees within 30 days from the date of the decision appealed.[2]
[1]
Editor's Note: See now Ch. 64, Fire Prevention and Building Code, Uniform, for provisions regarding the New York State Uniform Fire Prevention and Building Code.
[2]
Editor's Note: Former § 55.10, New materials, processes or occupancies which may require permits, which immediately followed this section, was deleted at time of adoption of Code; see Ch. 1, General Provisions, Art. II.
A. 
Unless otherwise provided by Article 18 of the Executive Law, any person who shall violate any of the provisions hereby adopted or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the Board of Trustees or by a court of competent jurisdiction, within the time fixed herein, shall, severally for each and every such violation and noncompliance respectively, be guilty of a violation pursuant to the Penal Law punishable thereunder except that the fine that may be imposed shall not exceed $100. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each 10 days that prohibited conditions are maintained shall constitute a separate offense.[1]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. II.
B. 
The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.