This chapter shall be known and cited as the "Yonkers Fire Code."
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:
APPROVED
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.
AREA OF PUBLIC ASSEMBLY
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.
DOUBTFUL CLASSIFICATION
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.
EDUCATIONAL OCCUPANCY
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.
FIRE COMMISSIONER
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.
FIRE LIMITS
Includes all areas, sections and districts of the City of Yonkers as described and designated in Article
XII of Chapter
56, Building and Electrical Code, of the Code of the City of Yonkers.
I.C.C. CONTAINER
Any container approved by the Interstate Commerce Commission
for shipping any liquid, gaseous or solid material of a flammable,
toxic or other hazardous nature.
MIXED OCCUPANCY
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.
PERMIT FEE
A fee authorized for issuance of a permit, license or approval and set pursuant to §
59-22.
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.
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.
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.
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.
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.