This chapter shall be known and cited as the "Yonkers Fire Code."
A.
It is the intent of this chapter to implement and enforce Section
1243.10 and Subchapter C of the New York Uniform Code and to prescribe
regulations consistent with the New York Uniform Code and nationally
recognized good practice for safeguarding life and property from the
hazards of fire and explosions and from conditions hazardous to life
or property in the use or occupancy of buildings or premises. Except
as to matters governed by the New York Uniform Code, compliance with
standards of the American Insurance Association Life Safety Code or
other approved nationally recognized safety standards shall be deemed
to be prima facie evidence of compliance with this chapter. It shall
be unlawful to install in or add to any building, structure or portion
thereof any material, fitting or device which has not been approved.
B.
Except to the extent otherwise required by the New York Uniform Code,
the provisions of this chapter shall apply equally to new and existing
conditions, except that existing conditions not in strict compliance
with the terms of this chapter may be permitted to continue, provided
that they do not constitute an imminent hazard to life or property
in the opinion of the Fire Commissioner.
C.
This chapter shall be liberally construed to secure the beneficial
intents and purposes thereof so that public safety will be secured
at all times and substantial justice done.
This chapter shall apply to explosives and other hazardous materials
as hereinafter defined, except that it shall not apply, except as
to routes to be followed, to transportation when under the jurisdiction
of the Interstate Commerce Commission and in conformity with the regulation
promulgated by the Commission or regulations lawfully on file and
approved by the Commission, nor to facilities for shipment by water
when in conformity with the regulations of and under the jurisdiction
of the United States Coast Guard, nor to the transportation and use
of small quantities encountered in normal and emergency operations
of federal agencies (such as the Bureau of Mines, the Federal Bureau
of Investigation and the Secret Service), nor the movement of munitions
by the United States Department of Defense, nor the Board of Transport
Commission for Canada, nor to state police or the duly authorized
state militia, nor to the state or municipal police or fire departments,
provided that they are acting within their official capacity and in
the proper performance of their duties.
Unless otherwise defined, the following terms shall, for the
purpose of this chapter, have the following meanings:
An affirmative action by the Fire Commissioner or other officer
or employee of the Fire Department in which the Fire Commissioner
or other officer or employee indicates that proper and timely compliance
with the New York Uniform Code, this chapter or any other applicable
statute, law, code, ordinance, rule or regulation has occurred. As
to matters regulated in this chapter which are not governed by the
New York Uniform Code, approval shall be granted by such officer or
employee as a result of an investigation or inspection and experience
or by reason of test, listing or approval by Underwriters Laboratories,
Inc., the National Bureau of Standards, the American Gas Association
Laboratories, the American Insurance Association or other nationally
recognized similar safety or testing agencies.
A building or structure or any portion thereof which is an
area of public assembly as defined by the New York Uniform Code, and
which shall include but not be limited to armories, assembly halls,
auditoriums, bowling alleys, broadcasting studios, chapels, churches,
club rooms, dance halls, exhibition rooms, gymnasiums, lecture halls,
lodge rooms, motion-picture theaters, museums, nightclubs, opera houses,
passenger stations, poolrooms, recreation areas, restaurants, skating
rinks, television studios, theaters (live shows) and taverns.
Where an occupancy or use is not specifically provided for
or where there is any uncertainty as to its classification, it shall
be placed by the Fire Commissioner in the classification that most
nearly resembles it with respect to life and fire hazards.
The occupancy or use of a building or structure or any portion
thereof by persons assembled for the purpose of learning or of receiving
educational, health or other training or instruction, including but
not limited to academics, colleges, libraries, schools and universities.
The Commissioner of the Fire Department of the City of Yonkers.
Any function or power of the Commissioner may be exercised by the
Commissioner's designee, unless a provision of this chapter expressly
and specifically requires that the Commissioner perform a function
or exercise a power personally.
The Fire Department of the City of Yonkers.
Any container approved by the Interstate Commerce Commission
for shipping any liquid, gaseous or solid material of a flammable,
toxic or other hazardous nature.
Two or more occupancies of different classes within the same
building or structure. The provisions of the New York Uniform Code
and this chapter applying to each class of occupancy shall apply to
the parts of the building or structure that are occupied by that class;
and if there should be conflicting provision, the requirements securing
the greater safety shall prevail.
A fee authorized for issuance of a permit, license or approval and set pursuant to § 59-22.
The Commissioner of the Police Department.
The Police Department of the City of Yonkers.
The Fire Commissioner may designate competent members of the
Fire Department to make the inspections, keep the records or perform
any other duty required by this chapter, and any inspection or order
given by such designated member shall have the same force and effect
as if performed or given by the Fire Commissioner personally.
A.
The Fire Commissioner, or any designated inspector thereof, may at
all reasonable hours enter any structure, land, building or premises
for the purpose of making any inspection or investigation in order
to determine if there is full compliance with the New York Uniform
Code, this chapter and all other applicable statutes, laws, ordinances,
codes, rules and regulations.
B.
It shall be the duty of the Fire Commissioner to inspect or cause
to be inspected by the Fire Department officers or members all structures,
land, buildings and premises, except the interiors of dwellings containing
fewer than three dwelling units, unless requested by the occupant,
as often as may be necessary 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 the New York Uniform Code, this chapter
and of any other statute, law, ordinance, code, rule or regulation
and to ensure compliance in all areas of public assembly and assembly
spaces with all statutes, laws, ordinances, codes, rules and regulations.
C.
The Fire Department, Fire Commissioner or an inspector, upon the
complaint of any person or whenever it is necessary, shall inspect
any buildings and premises within the City of Yonkers.
D.
All persons shall provide access to the Fire Commissioner, fire inspectors
and Fire Department officers and employees to make inspections authorized
by this chapter. In the event that access is refused, then the Fire
Commissioner or the Fire Commissioner's authorized representative
may obtain a warrant authorizing the inspection.
E.
All persons occupying, using or controlling a building, structure,
land or premises shall allow access at reasonable times for the purpose
of allowing repairs, improvements, alterations or other corrective
or remedial actions in order to accomplish compliance with the New
York Uniform Code, this chapter, all other applicable statutes, laws,
ordinances, codes, rules or regulations or any notice or order of
the Fire Department issued pursuant to this chapter.
F.
Neither the City nor the Fire Department or its members shall be
responsible for any damage to persons or property by reason of the
inspection or reinspection authorized herein or failure to inspect
or reinspect or the permit issued herein provided or by reason of
the approval or disapproval of any equipment herein.
G.
Any officer or employee charged with the enforcement of this Code,
acting for the City in the discharge of authorized duties, shall not
thereby be rendered liable personally, and such persons and the City
are hereby relieved from all personal liability for any damage that
may accrue to persons or property as a result of any omission or act
required or permitted in the discharge of such person's duties.
A.
The Fire Commissioner or a member of the Fire Department shall investigate
the cause, origin and circumstances of every fire occurring in the
municipality which is of suspicious nature or which involves loss
of life or injury to persons or by which property has been destroyed
or substantially damaged. Such investigations shall be begun immediately
upon the occurrence of such a fire; and if it appears that such fire
is of suspicious origin, the Fire Commissioner shall be immediately
notified of the facts; and the Fire Commissioner shall take charge
immediately of the investigation 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 Fire Department, 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 Fire Commissioner and shall contain
a statement of facts relating to the cause, origin and circumstances
of such fire, injury to persons and extent of the damage thereof and
the insurance upon such property and such other information as may
be required.
C.
The Corporation Counsel and the Police Department, upon the request
of the Fire Commissioner, shall assist the inspectors in the investigation
of any fire which, in their opinion, is of suspicious origin.
The Fire Commissioner shall keep 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. Such record shall
be made daily from the reports made by the Fire Department officers
and inspectors. All such records shall be public.
A.
Fire drills shall be held at least 12 times yearly in educational
occupancies where such occupancies constitute the major occupancy
of a building and at least once every two months in institutional
occupancies and hospitals where such occupancies constitute the major
occupancy of a building. During severe weather fire drills may be
postponed. A record of all fire drills shall be kept, and persons
in charge of such occupancies shall file written reports at least
quarterly with the Fire Department giving the time, date and length
of time it took to evacuate.
B.
In educational occupancies, at least 1/3 of all such drills shall
be through use of fire escapes on buildings where fire escapes are
provided and shall include complete evacuation of all persons from
the building. In educational occupancies and hospitals, fire drills
shall be conducted to familiarize operating personnel with their assigned
positions of emergency duty; complete evacuation from an area or floor
or the building at the time of the fire drill shall be required only
where it is practicable and does not involve moving or disturbing
persons under medical care.
C.
The Fire Commissioner may conduct fire drills in factories or department
stores employing more than 10 people whenever it shall be necessary.
Such fire drills shall not be held during hours department stores
are open for business.
A.
This chapter shall not be construed to hold or to give rise to any
cause of action against the municipality or the Fire Department or
its members responsible for any damage to persons or property by reason
of the inspection or reinspection authorized herein or failure to
inspect or reinspect or the permit issued as herein provided or by
reason of the approval or disapproval of any equipment authorized
herein.
B.
Any officer or employee charged with the enforcement of this code,
acting for the City in the discharge of his duties, shall not thereby
render himself liable personally, and he and the City of Yonkers are
hereby relieved from all personal liability for any damage that may
accrue to persons or property as a result of any omission or act required
or permitted in the discharge of his duties.
The Fire Department shall maintain such records, statistics,
tabulations and other information necessary to comply with the New
York Uniform Code and 19 NYCRR 444, as it now exists or may hereafter
be amended.
There is hereby created a board to be known as the "Fire Prevention
Appeals Board." The Mayor shall appoint to the Fire Prevention Appeals
Board two knowledgeable citizens for terms of two years each; and
the Corporation Counsel of the City of Yonkers or one of the Corporation
Counsel's assistants.
A.
Any decision or action by any officer or employee of the Fire Department
may be appealed to the Fire Commissioner pursuant to the regulations
of the Fire Department.
B.
Any decision or action of the Fire Commissioner governed by the New
York Uniform Code may be appealed to the Board of Review pursuant
to 19 NYCRR 440 and 450 et seq. and other applicable rules and regulations.
Such an appeal shall be filed within the time period authorized for
compliance with the decision or action of the Fire Commissioner or,
if no time period for compliance is authorized, then within 10 days
of the decision or action of the Fire Commissioner.
C.
Any decision or action of the Fire Commissioner not governed by the
New York Uniform Code may be appealed to the Fire Prevention Appeals
Board by filing a written notice of appeal with the Fire Department.
Such notice of appeal shall be filed within the time period authorized
for compliance with the decision or action of the Fire Commissioner
or, if no time period for compliance is authorized, then within 10
days from the date of the decision or action appealed. The Board of
Appeals may affirm, reverse or modify the decision or action of the
Fire Commissioner. The Board of Appeals may conduct a hearing and
receive additional evidence. The decision of the Board of Appeals
shall be in writing and is final.
A.
Variances may be granted by the State Board of Review, pursuant to
its rules and regulations, regarding matters governed by the New York
Uniform Code.
B.
The Fire Prevention Appeals Board shall have power to modify any
of the provisions of this chapter not governed by the New York Uniform
Code upon application, in writing, by the owner or lessee or a duly
authorized agent when there are practical difficulties in the way
of carrying out the strict letter of the chapter, provided that the
spirit of the chapter 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 Prevention Appeals
Board thereon shall be entered upon the records of the Department,
and a signed copy shall be furnished the applicant.
No person shall obliterate, erase or remove any of the markings
required by this chapter from any package, container or receptacle
containing any explosive, flammable or combustible material before
such package, container or receptacle is empty, nor shall any person
willfully make any misrepresentation as to the contents of any such
package, container or receptacle containing any explosive, flammable
or combustible material named in this chapter.
Any person who shall make any false averment in any statement
signed by him, purporting to comply with the provisions of this chapter,
shall be deemed guilty of perjury and, upon conviction, shall be punished
as provided by law.
Applications for permits pursuant to this chapter shall be made
to the Fire Commissioner in such form and detail as he shall prescribe
and shall give such information as required by this chapter as to
the particular permits.
A.
A permit shall constitute permission to maintain, store or handle
materials or to conduct processes which produce conditions hazardous
to life or property or to install equipment used in connection with
such activities. Such permit does not take the place of any license
required by law. It shall not be transferable, and any change in use
of occupancy of premises shall require a new permit.
B.
Before a permit may be issued, the Fire Commissioner or his assistants
or inspectors shall inspect and approve the receptacles, vehicles,
buildings or storage places to be used. In cases where laws or regulations
enforced by departments other than the Fire Department are applicable,
joint approval shall be obtained from all city departments or other
agencies concerned.
C.
All applications for a permit required by this chapter shall be made
to the Commissioner in such form and detail as he shall prescribe.
Applications for permits shall be accompanied by such plans and requirements
as are needed by the Fire Department.
D.
Permits shall at all times be kept on the premises designated therein
and shall at all times be subject to inspection by the Fire Department.
E.
One permit only shall be required by establishments dealing in or
using two or more flammable, combustible or explosive materials to
be kept in the establishment at any one time, but each of the materials
shall be listed in the permit.
Permits shall not be transferable and are not refundable.
All permits or renewals thereof issued pursuant to this chapter
shall be valid for one year from the date of issue.
All permits or renewals thereof issued pursuant to the provisions
of this chapter shall be subject to the provisions of all zoning and
building ordinances. The Fire Commissioner shall cause to be affixed
to all such permits and renewals a notice to this effect.
Whenever a fee is authorized in connection with the issuance
of any permit, license or approval, then such fee shall be in an amount
fixed by the Fire Commissioner with the approval of the Mayor. Any
fee so fixed shall be effective 48 hours after it is posted in the
office of the City Clerk and shall be payable by the applicant to
the Comptroller of the City of Yonkers.
Fire hydrants shall be installed on property and in the front
and rear of buildings as required by the New York Uniform Code and
the Fire Commissioner. Wall hydrants with gated ports directly connected
to the main water supply may be installed in the rear of buildings
in lieu of hydrants where the installation of the same would be impracticable
and if such substitution is allowed by the New York Uniform Code.
The number and location of hydrants shall be determined by the Fire
Commissioner to provide maximum operations and protection.
Fire extinguishers shall be installed wherever the Fire Commissioner
deems they are necessary as required by the New York Uniform Code
and this chapter.
No burning before or during construction will be allowed.
A.
To provide access for fire apparatus on all sides of a multiple dwelling
or group of multiple dwellings, the Fire Commissioner may require
a driveway of adequate size to assure ingress and egress.
B.
Such driveways shall be approved by the Fire Commissioner and shall
be adequate for ingress, egress and placing of Fire Department apparatus
and vehicles and shall be kept clear of vehicles or obstructions.
Any person or persons who shall park or leave any vehicle or obstruction
on such driveways displaying such Fire Department posted regulation
shall be deemed in violation of this chapter.
C.
This section shall apply to completed buildings and also to buildings
under construction.
A.
Installation. All buildings shall be equipped with fire-extinguishing
and -protection appliances and equipment conforming to the provisions
of this chapter and the New York Uniform Code. This shall apply to
new and existing buildings or occupancies, to the extent allowed by
law.
B.
Construction. Fire-extinguishing equipment installed in accordance
with the New York Uniform Code shall be deemed to conform to the provisions
of this chapter.
C.
Appliances. Appliances, fittings and devices complying with the New
York Uniform Code shall be deemed to be approved and shall be accepted
as conforming to the requirements of this chapter.
D.
Special equipment. The Fire Commissioner shall require such special
equipment as is required by the New York Uniform Code or this chapter
in mercantile and manufacturing buildings and occupancies, schools,
churches, motion-picture theaters, live-show theaters, restaurants,
nightclubs, taverns, hospitals, sanitariums, wholesale and retail
stores and warehouses, stationery, toys, candy and tobacco stores,
wholesale and retail, places of detention or multiple dwellings. Such
equipment shall include but not be limited to automatic detector and
alarm systems, automatic sprinkler systems, standpipe systems, fire
extinguishers, fire hydrants and auxiliary power.
E.
Institutional occupancy. No building or part thereof situated in
the City of Yonkers shall be used or occupied for the purposes of
boarding, lodging, caring for or treating persons who are aged or
infirm or who are afflicted with or convalescing from any disease
or ailment unless such building is equipped with an approved automatic
sprinkler system throughout and an approved fire-detection and alarm
system directly connected to the Fire Department.
F.
Plans and specifications. Plans and specifications of the complete
layout of fire-extinguishing and fire-protection equipment shall be
submitted to and reviewed by the Fire Commissioner before installation
is made.
A.
Christmas trees and live decorations for wholesale or retail display
and sale shall be stored in a manner which is safe and not a fire
hazard. No Christmas trees shall be sold at wholesale or retail unless
a permit has first been issued by the Fire Commissioner.
B.
A cash bond in an amount sufficient to cover cleanup costs shall
be posted in order to assure removal of unsold trees and any remaining
decorations after storage or sale. All unsold trees and remaining
decorations shall be removed by 12:00 midnight on December 26.
C.
The cash bond shall be returned to the permittee after the Fire Commissioner
inspects the sales and storage sites and determines that the storage
and sales spaces have been cleaned and any firesafety hazards caused
by the sale or storage of Christmas trees and decorations have been
eliminated.
D.
No live decorations of any kind shall be permitted in schools, institutional
buildings or places of public assembly. All artificial decorations
shall be flameproofed.
