[L.L. No. 2-1980; L.L. No. 7-1988, § 1]
There is hereby adopted by the Village, for the purpose of prescribing
regulations governing conditions hazardous to life and property from
fire or explosion, the code known as the "New York State Uniform Fire
Prevention and Building Code" which is hereby adopted and incorporated
as fully as if set out at length in this chapter, and the provisions
thereof shall be controlling within the limits of the Village.
Wherever the word "municipality" is used in the Fire Prevention
Code adopted by this Article, it shall be held to mean the Village
of Tuckahoe. Wherever the term "corporation counsel" is used in such
code, it shall be held to mean the Village Attorney.
The Fire Prevention Code adopted by this Article shall be enforced
by the Chief of the Fire Department or by any other person designated
by the Village Board of Trustees.
The Chief of the Fire Department shall have power to modify
any of the provisions of the Fire Prevention Code adopted by this
Article 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 such code, provided that
the spirit of such 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 Chief of the Fire Department
thereon shall be entered upon the records of the Fire Department and
a signed copy shall be furnished the applicant.
The Mayor and the Chief of the Fire Department shall act as
a committee to determine and specify, after giving affected persons
an opportunity to be heard, any new materials, processes or occupancies
which shall require permits in addition to those now enumerated in
the Fire Prevention Code adopted by this Article. The Chief of the
Fire Department shall post such list in a conspicuous place in his
office and distribute copies thereof to interested persons.
Whenever the Chief of the Fire Department shall disapprove an
application or refuse to grant a permit applied for under the Fire
Prevention Code adopted by this Article, or when it is claimed that
the provisions of such code do not apply or that the true intent and
meaning of the code have been misconstrued or wrongly interpreted,
the applicant may appeal from the decision of the Chief of the Fire
Department to the Village Board of Trustees within 30 days from the
date of the decision appealed.
A report of the Chief of the Fire Department shall be made annually
and transmitted to the Mayor. Such report shall contain all proceedings
under the Fire Prevention Code adopted by this Article, with such
statistics as the Chief of the Fire Department may wish to include
therein. The Chief of the Fire Department shall also recommend any
amendments to the code which, in his judgment, shall be desirable.
(a)
Any person who shall violate any of the provisions of the code adopted
by this Article 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 Chief
of the Fire Department or by a court of competent jurisdiction, within
the time fixed therein, shall severally, for each and every such violation
and noncompliance respectively, be guilty of a misdemeanor. The imposition
of one penalty for any violation shall not excuse the violation nor
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.
(b)
The application of any penalty for such violations shall not be held
to prevent the enforced removal of prohibited conditions.
[L.L. No. 3-1980]
[L.L. No. 3-1980]
All motor fuel storage tank installations must be provided with
a constant monitoring electronic leak-detecting system that gives
usual and audible warning signals and is approved by the Fire Chief
of the Town of Eastchester. All motor fuel storage tanks installed
prior to the enactment of this section must be in compliance with
this section within 12 months of the date of such enactment.
[L.L. No. 3-1980]
(a)
Whenever there is reason to believe that flammable liquid tanks or
lines are leaking, the owners thereof shall advise the Eastchester
Fire Department. Upon the request of the Fire Chief, the owner or
operator of the facility shall have such suspect tank or lines tested
for lightness. All costs for such testing shall be borne by either
the owner, operator or supplier.
(b)
Reasons for giving notice of possible flammable liquid leakage shall
include, but not be limited to, warning signals provided by leak-detecting
devices, discovery of inventory losses in excess of metered sales
or use, the presence of liquid seepage in the reasonable vicinity
of the tanks or lines or persistent odors in adjacent premises.
(c)
Tank and line test shall be those approved by the Eastchester Fire
Department and shall include those meeting the criteria of the National
Fire Protection Association Bulletin No. 329, as amended, as to accuracy
and method. Air tests shall not be made on existing underground tanks
or lines.
(d)
During installation of tanks where all joints, fittings and seams
may be air-tested in the presence of the Fire Chief or his representative,
a soap solution or other bubble-producing material shall be applied
to the new tank fittings and piping. The recommended pressure for
testing of new tanks and piping shall not exceed 10 pounds per square
inch.
[L.L. No. 3-1980]
(a)
Any person who shall violate any of the provisions of §§ 8-25 and 8-26 hereby adopted or fail to comply therewith or who shall violate or fail to comply with any order made 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 Village Board of the Village of Tuckahoe 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 misdemeanor, punishable by a fine of not less than $100 nor more than $1,000 or by imprisonment for not less than 10 days nor more than a period of one year, or by both such fine and imprisonment. The imposition of a penalty for any violation shall not excuse the violation nor 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 day that prohibited conditions are maintained shall constitute a separate offense.
(b)
The application of the above penalties shall not be held to prevent
the enforced removal of prohibited conditions.
