[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.
As used in this chapter, the following terms shall have the
meanings indicated:
The Fire Marshal.
The Village Attorney.
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:
The limits in which bulk storage of liquefied petroleum gas
is restricted are hereby established as follows:
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.
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.
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]
B.
The application of the above penalty shall not be held to prevent
the enforced removal of prohibited conditions.
