[[1]HISTORY: Adopted by the Board of Trustees of the Village of Lancaster 12-9-1991 by L.L. No. 7-1991 (Ch. 79 of the 1976 Code). Amendments noted where applicable]
[1]
Editor's Note: The organization of this chapter was changed to include existing material as Art. I, Firesafety Practice, 7-8-2024 by L.L. No. 3-2024.
Firesafety practice shall be observed as set forth in this article to ensure that property and materials shall be maintained in a manner which will provide the public with safeguards from the hazards of fire, explosion, structural instability or the release of toxic gases.
A. 
Precautions shall be taken to protect property and premises against the starting and spreading of fires.
B. 
It is prohibited to:
(1) 
Deliberately set a fire or knowingly permit a fire to start or spread which endangers the safety of persons or property.
(2) 
Discard or place flaming or glowing objects, such as matches, cigars and cigarettes or other flaming or glowing substances, where such substances or things may ignite combustible or explosive materials.
(3) 
Dispose of hot or smoldering materials, including hot ashes or cinders or smoldering coals, in other than noncombustible receptacles. Such receptacles, unless resting on a noncombustible floor or on the ground in an exterior open area, shall be placed on noncombustible stands at least two feet laterally away from combustible materials, structures and exterior openings of buildings.
(4) 
Use or operate any internal combustion equipment or flame-producing device unless suitable measures are taken to ensure against ignition of combustibles.
C. 
Where conditions are such as to make smoking a hazard, the Code Enforcement Officer is authorized to order the owner or occupant, in writing, to post "No smoking" signs in the specified areas. The lettering, size, color and location of the "No smoking" signs shall be determined by the Code Enforcement Officer.
D. 
It shall be unlawful for any person to smoke or throw or deposit any lighted or smoldering substance in any place where "No smoking" signs are posted or in any other place where smoking would constitute a fire or life hazard.
E. 
No person shall knowingly maintain a fire hazard.
A. 
Dry vegetation, combustible waste and refuse. Combustible waste, refuse and large quantities of dry vegetation which, by reason of their proximity to buildings or structures, would constitute a fire hazard or contribute to the spread of a fire shall be removed.
B. 
Obstructions. It is prohibited to:
(1) 
Install or maintain wires, cables, ropes, aerial antennas or other overhead obstructions on the roofs of buildings having a roof slope of less than 30°, unless there is a full clearance of seven feet or more between the roof surface and such obstruction, except that obstructions may be installed less than seven feet high, provided that they are protected in a manner to prevent injury to firefighters working on the roof during periods of reduced visibility.
(2) 
Maintain or allow on roofs and fire escapes materials or objects which obstruct or could obstruct egress or Fire Department access.
(3) 
Attach or fasten ropes, wires, cables or similar devices, except standard equipment therefor, to fire escapes.
(4) 
Place or permit objects or materials to obscure or obstruct the use of fire hydrants and Fire Department connections.
C. 
Open burning.
[Amended 9-24-2007 by L.L. No. 13-2007]
(1) 
General provisions. A person shall not conduct or permit any open burning unless conducted or approved in accordance with this article.
(2) 
Definitions. As used in this article, the following terms shall have the meanings indicated:
BARBECUE PIT
A noncombustible container designed for roasting or baking food or meat over an open fire.
BONFIRE
An outdoor fire utilized for a ceremony, special occasion or ritual.
COOKING DEVICE
A noncombustible device designed for cooking food or meat, fueled by either natural gas, liquefied petroleum gas (LP gas), or commercial charcoal or briquettes.
OPEN BURNING
The burning of materials wherein products of combustion are emitted directly into the ambient air without passing through a stack or chimney from an enclosed chamber. Open burning does not include recreational fires, road flares, smudge pots, and similar devices associated with safety or occupational uses.
OUTDOOR FIREPLACE
A noncombustible container designed for burning wood wherein products of combustion are emitted into the air by either passing through a stack or chimney from an enclosed container or emitted into the air from an enclosed container without passing through a stack or chimney. The total fuel area shall be nine square feet or less and two feet or less in height.
RECREATIONAL FIRE
An outdoor fire for pleasure, religious, ceremonial, cooking, warmth, or similar purposes burning materials other than rubbish where the fuel being burned is contained in a container designed for burning and has a total fuel area of nine square feet or less and two feet or less in height.
(3) 
Bonfires.
(a) 
A permit for a bonfire shall be obtained from the Fire Chief or Code Enforcement Officer or his or her designee prior to igniting such bonfire. Application for such approval shall be presented by and a permit issued to the owner of the land upon which the bonfire is to be located.
(b) 
A bonfire that is hazardous, offensive, objectionable, or unreasonably interferes with the comfortable enjoyment of life or property due to smoke or odor emissions shall be prohibited.
(c) 
The Fire Chief, Chief of Police, Code Enforcement Officer or his or her designee is authorized to order the extinguishment of a bonfire which creates or adds to a hazardous, offensive, or objectionable condition.
(d) 
Materials. Materials used for fuel for a bonfire shall consist of wood only.
(e) 
Size. The pile size for a bonfire shall be 12 feet or less in diameter and six feet or less in height.
(f) 
Location.
[1] 
The location of a bonfire shall not be less than 100 feet from any building or structure, and provisions shall be made to prevent the fire from spreading to within 100 feet of any building or structure.
[2] 
Exception. The minimum required distance of a bonfire from a building or structure shall be 25 feet where the pile size is three feet or less in diameter and two feet or less in height.
(4) 
Open burning. Open burning shall be prohibited.
(5) 
Recreational fires.
(a) 
A recreational fire shall not be conducted within 25 feet of any building, structure, or combustible material unless the fire is contained in a barbecue pit or outdoor fireplace. Materials used for fuel for a recreational fire shall consist of wood only.
(b) 
Exceptions:
[1] 
A cooking fire which shall be contained in a cooking device.
[2] 
A recreational fire contained in a container, designed for burning combustibles, positioned on a noncombustible surface not less than 15 feet from a building or structure.
[3] 
A cooking fire in a container, designed as a barbecue pit, positioned on a noncombustible surface not less than 15 feet from a building or structure.
(c) 
A recreational fire that is hazardous, offensive, objectionable, or unreasonably interferes with the comfortable enjoyment of life or property due to smoke or odor emissions shall be prohibited.
(d) 
The Fire Chief, Chief of Police, Code Enforcement Officer or his or her designee is authorized to order the extinguishment of a recreational fire which creates or adds to a hazardous, offensive, or objectionable condition.
(6) 
Attendance. Bonfires and recreational fires shall be constantly attended until the fire is extinguished. On-site fire-extinguishing equipment, such as a fire extinguisher, dirt, sand, a water barrel, garden hose or fire truck, shall be available for immediate utilization.
(7) 
Open-flame cooking devices. Charcoal burners and other open-flame cooking devices shall not be operated on combustible balconies, decks, porches, or within 10 feet of combustible construction.
D. 
Waste disposal sites.
(1) 
Transporting burning waste or refuse is prohibited.
(2) 
Vehicles or conveyance used to transport combustible waste or refuse over public thoroughfares shall have cargo space covered and maintained sufficiently tight to ensure against ignition from external fire sources.
(3) 
Burning debris shall not be dumped at a waste disposal site.
It shall be prohibited to remove paint or thaw out frozen pipes with a torch or other flame-producing device unless there is a listed and appropriate type of fire extinguisher and/or a water hose connected to a water supply that is capable of applying a water stream on all affected areas. In occupied structures, the person or persons removing the paint or thawing the pipes shall remain in view of this area at all times and for one hour after using the torch or flame-producing device.
A. 
Upon discovery of a fire which poses a possible danger to life or property, even though it has apparently been extinguished, the existence, circumstances and location of such fire shall immediately be reported to the Fire Department.
B. 
The Fire Department shall be promptly notified upon discovery of evidence of the spontaneous or abnormal heating of any merchandise, commodity, cargo or material in buildings, structures or premises which indicates a probable danger of fire or explosion or upon discovery or being apprised of an uncontrolled hazardous gas leak or hazardous material or combustible or flammable liquid spill.
C. 
It is prohibited to make or issue regulations or orders, written or verbal, that would require any delaying action prior to reporting a serious fire hazard or fire to the Fire Department, except in the case of established on-premises fire-fighting organizations which have coordinated and arranged procedures with the Fire Department.
D. 
A reliable means of communication to the Fire Department, which is accessible by all occupants, shall be provided and maintained operable at all times.
A. 
The Code Enforcement Officer shall be notified by the purchaser of any purchase or acquisition of any solid-fuel-burning heating appliance, chimney or flue.
B. 
All businesses selling or installing solid-fuel-burning heating appliances, chimneys or flues shall notify the purchaser, in writing, at the time of sale or acquisition, that they are legally required to notify their Code Enforcement Officer before installation or erection commences.
C. 
The Fire Chief shall notify the Code Enforcement Officer of any fire or explosion involving any structural damage, fuel-burning appliance, chimney, flue or gas vent.
[Amended 4-26-2021 by L.L. No. 5-2021]
In addition to the provisions set forth in §§ 156-1 through 156-4, the New York State Uniform Fire Prevention and Building Code ("Uniform Code") and the New York State Energy Conservation Construction Code ("Energy Code") shall be deemed incorporated into the provisions of this article as if fully set forth and recited herein.
[Amended 4-26-2021 by L.L. No. 5-2021]
The Chief of the Village of Lancaster Fire Department shall promptly notify the Building Inspector of any fire or explosion involving any structural damage, fuel burning appliance, chimney or gas vent to any property within the Village.
[Amended 4-26-2021 by L.L. No. 5-2021; 12-12-2022 by L.L. No. 7-2022]
A. 
Inspections required. Fire safety and property maintenance inspections of buildings and structures shall be performed by the Code Enforcement Officer or the Fire Inspector as agreed between them or as delegated by the Village Board at the following intervals:
(1) 
Fire safety and property maintenance inspections of buildings or structures which contain an area of public assembly shall be performed at least once every 12 months.
(2) 
Fire safety and property maintenance inspections of all multiple dwellings not included in Subsection (1) of this subsection, and all nonresidential buildings, structures, uses and occupancies not included in Subsection (1) of this subsection, shall be performed at least once every 36 months.
(3) 
Fire safety and property maintenance inspections of all public and private schools and colleges, including any buildings of such schools or colleges containing classrooms, dormitories, fraternities, sororities, laboratories, physical education, dining, or recreational facilities shall be conducted at least once every 12 months.
B. 
Remote inspections. At the discretion of the Code Enforcement Officer or the Fire Inspector, a remote inspection may be performed in lieu of in-person inspections when, in the opinion of the Code Enforcement Officer or the Fire Inspector, the remote inspection can be performed to the same level and quality as an in-person inspection and the remote inspection shows to the satisfaction of the Code Enforcement Officer or the Fire Inspector that the premises conform with the applicable provisions of 19 NYCRR Part 1225 and the publications incorporated therein by reference and the applicable provisions of 19 NYCRR Part 1226 and the publications incorporated therein by reference. Should a remote inspection not afford the Code Enforcement Officer or the Fire Inspector sufficient information to make a determination, an in-person inspection shall be performed.
C. 
Inspections permitted. In addition to the inspections required by Subsection A of this section, a fire safety and property maintenance inspection of any building, structure, use, or occupancy, or of any dwelling unit, may also be performed by the Code Enforcement Officer or the Fire Inspector at any time upon:
(1) 
The request of the owner of the property to be inspected or an authorized agent of such owner;
(2) 
Receipt by the Code Enforcement Officer or the Fire Inspector of a written statement alleging that conditions or activities failing to comply with the Uniform Code or Energy Code exist; or
(3) 
Receipt by the Code Enforcement Officer or the Fire Inspector of any other information, reasonably believed by the Code Enforcement Officer or the Fire Inspector to be reliable, giving rise to reasonable cause to believe that conditions or activities failing to comply with the Uniform Code or Energy Code exist; provided, however, that nothing in this subsection shall be construed as permitting an inspection under any circumstances under which a court order or warrant permitting such inspection is required, unless such court order or warrant shall have been obtained.
D. 
OFPC inspections. Nothing in this section or in any other provision of this article shall supersede, limit or impair the powers, duties and responsibilities of the New York State Office of Fire Prevention and Control (OFPC) and the New York State Fire Administrator under Executive Law § 156-e and Education Law § 807-b. Notwithstanding any other provision of this section to the contrary:
(1) 
The Code Enforcement Officer and the Fire Inspector shall not perform fire safety and property maintenance inspections of a building or structure which contains an area of public assembly if OFPC performs fire safety and property maintenance inspections of such building or structure at least once every 12 months;
(2) 
The Code Enforcement Officer and the Fire Inspector shall not perform fire safety and property maintenance inspections of a multiple dwelling not included in Subsection (1) of Subsection A of this section if OFPC performs fire safety and property maintenance inspections of such multiple dwelling at intervals not exceeding the interval specified in Subsection (2) of Subsection A of this section; and
(3) 
The Code Enforcement Officer and the Fire Inspector shall not perform fire safety and property maintenance inspections of a nonresidential building, structure, use or occupancy not included in Subsection (1) of Subsection A of this section if OFPC performs fire safety and property maintenance inspections of such nonresidential building, structure, use or occupancy at intervals not exceeding the interval specified in Subsection (2) of Subsection A of this section.
E. 
Notwithstanding any other provision of this section to the contrary, the Code Enforcement Officer may accept an inspection performed by the Office of Fire Prevention and Control or other authorized entity pursuant to §§ 807-a and 807-b of the Education Law and/or § 156-e of the Executive Law, in lieu of a fire safety and property maintenance inspection performed by the Code Enforcement Officer or by an inspector, provided that:
(1) 
The Code Enforcement Officer is satisfied that the individual performing such inspection satisfies the requirements set forth in 19 NYCRR Section 1203.2(e);
(2) 
The Code Enforcement Officer is satisfied that such inspection covers all elements required to be covered by a fire safety and property maintenance inspection;
(3) 
Such inspections are performed no less frequently than once a year;
(4) 
A true and complete copy of the report of each such inspection is provided to the Code Enforcement Officer; and
(5) 
Upon receipt of each such report, the Code Enforcement Officer takes the appropriate action prescribed by § 104-35, Violations, of Chapter 104, Building and Construction, of the Village Code.
F. 
Fee. The fee specified in or determined in accordance with the provisions set forth in Chapter 144, Fees, must be paid prior to or at the time of each inspection performed pursuant to this section. This subsection shall not apply to inspections performed by OFPC.
[Amended 4-26-2021 by L.L. No. 5-2021]
The Code Enforcement Officer or the Fire Inspector as agreed between them or as delegated by the Village Board shall review and investigate complaints which allege or assert the existence of conditions or activities that fail to comply with the Uniform Code, the Energy Code, this article or any other Village Code provisions adopted for administration and enforcement of the Uniform Code or the Energy Code. The process for responding to a complaint shall include such of the following steps as the Code Enforcement Officer or the Fire Inspector may deem to be appropriate:
A. 
Performing an inspection of the conditions and/or activities alleged to be in violation, and documenting the results of such inspection;
B. 
If appropriate, requesting that the Building Inspector issue a stop-work order;
C. 
If a violation which was found to exist is abated or corrected, performing an inspection to ensure that the violation has been abated or corrected, preparing a final written report reflecting such abatement or correction, and filing such report with the complaint.
[Added 4-26-2021 by L.L. No. 5-2021]
This article shall be enforced by the Village of Lancaster Code Enforcement Officer and Fire Inspector or other individual authorized by the Village Board of the Village of Lancaster.
[Added 4-26-2021 by L.L. No. 5-2021; amended 7-8-2024 by L.L. No. 3-2024]
Any person committing an offense against any provision of this article or code adopted hereby shall, upon conviction thereof, be punishable as provided in Chapter 1, General Provisions, Article II, Penalties for Offenses, of the Village Code of Lancaster.
[Added 4-26-2021 by L.L. No. 5-2021]
In addition to the foregoing remedies, the Village Board may institute any appropriate action or proceedings to prevent, correct or restrain any violations of this article.
[Added 7-8-2024 by L.L. No. 3-2024]
It is the intent of this article to protect and promote the health, safety and general welfare of the residents of the Village of Lancaster by reducing the number of avoidable alarms of fire which undermine the effective utilization of firefighting personnel and resources, which require emergency responses exposing persons and property to unnecessary risks, which impede responses to genuine emergencies, and which produce unnecessary alarm noise.
For the purpose of this article, the following terms shall have the meanings ascribed to them. All other words shall have the meanings normally ascribed to them in regular usage.
ALARM SYSTEM
A device or an assembly of equipment which is designed to detect smoke, abnormal rise in temperature, or fire in a building, structure or facility and, by reason thereof, emit an audible response intended to alert persons outside of the premises and/or transmit a signal or message to a police department, fire department, fire district or fire company either directly or through a private reporting service.
AUTHORIZED VILLAGE AUTHORITY
A Chief of the Village of Lancaster Volunteer Fire Department or the Village of Lancaster Code Enforcement Officer.
AVOIDABLE ALARM
A. 
The activation of an alarm system through mechanical failure, malfunction, improper installation or the negligence or carelessness of the owner, user, custodian, operator or lessee of the alarm system or that person's employee(s), guests(s) or agent(s) resulting in an emergency response from the Village of Lancaster Volunteer Fire Department when in fact an emergency requiring such response does not exist; or
B. 
The intentional activation of an alarm system resulting in an emergency response from the Village of Lancaster Volunteer Fire Department when the person activating it knows an emergency does not exist; or
C. 
An alarm system activation resulting in an emergency response from the Village of Lancaster Volunteer Fire Department when an investigation by an authorized Village authority reveals no evidence of the existence of an emergency; provided, however:
(1) 
An avoidable alarm is not deemed to include the activation of an alarm system by the violent conditions of nature or similar causes beyond the control of the owner, user, custodian, operator or lessee of the premises served or that person's employee(s), guests(s), or agent(s); and further provided
(2) 
An avoidable alarm is not deemed to include the activation of an alarm system under any circumstances in which the person activating the alarm system reasonably believes that an emergency situation exists.
OWNER
The owner(s) of a parcel of real property as shown by the records of the Town of Lancaster Assessor. As the term "owner" is used in this article, the owner of a parcel of real property shall be deemed to be the owner of all structures, buildings, appurtenances and personal property situated upon said real property, including all trailers, vehicles or other similar personal property.
VILLAGE OF LANCASTER VOLUNTEER FIRE DEPARTMENT
All officers, firefighters, apparatus and units of the Village of Lancaster Volunteer Fire Department.
Exempt from this article will be buildings owned or operated by the Village of Lancaster, the Town of Lancaster, and the Lancaster Central School District.
A. 
An owner of real property to which the Village of Lancaster Volunteer Fire Department responds as a result of an avoidable alarm shall pay a fee for such response as follows:
(1) 
First avoidable alarm response within a twelve-month period: no charge.
(2) 
Second through fifth avoidable alarm responses within 12 months of the first: $50 for each.
(3) 
Sixth and more avoidable alarm responses within 12 months of the first: $100 for each.
B. 
Notice of avoidable alarms and fees. Within 10 days of the occurrence of an avoidable alarm, an authorized Village authority shall notify the Village Clerk, in writing, of the date, time, location, responding units, the number of avoidable alarm responses occurring at the subject location within a twelve-month period and any fees chargeable pursuant to § 156-17A.
C. 
Upon receiving notice pursuant to § 156-17B of an avoidable alarm and any payable fee, the Village Clerk shall advise the owner, in writing, by means of first-class mail of:
(1) 
The date, time, location and responding units of the avoidable alarm, and the number of avoidable alarm responses occurring at the subject location within a twelve-month period;
(2) 
The provisions of this article and the schedule of fees imposed by this article;
(3) 
If a fee is payable, the amount thereof, that the fee, payable to the Village of Lancaster, is to be submitted by mail or personally during office hours to the office of the Village Clerk within 30 days of the date of the notice to the owner, and that if a fee is not paid within 30 days of the date of notice to the owner, the amount of the fee, together with a 50% surcharge, shall become a lien upon the premises to be assessed with and as a part of the general Village tax;
(4) 
That pursuant to § 156-18, within 30 days of the date of notice to the owner, but, if a fee is payable, not before payment of the fee, the owner may appeal the determination of an avoidable alarm and/or the resulting fee.
D. 
Assessment of fees. Fees payable pursuant to § 156-17A shall be paid within 30 days after the date of the notice to the owner sent pursuant to § 156-17C. A fee not paid within that time, together with a 50% surcharge, shall be assessed upon the subject premises. The Village Clerk shall file a certificate of such fee and surcharge with the Assessor for the Village, who shall, in preparation of the next assessment roll of general Village taxes, assess such amount upon such property. The fee and surcharge shall be levied, collected and enforced in the same manner, by the same proceedings, at the same time, under the same penalties and having the same lien upon the property assessed as the general Village tax.
A. 
Within 30 days of the date of notice to the owner of the occurrence of an avoidable alarm sent pursuant to § 156-17C, but not before payment of any fee which may be payable, the owner may appeal the determination of an avoidable alarm by mailing or arranging to deliver to the Village Clerk during office hours a written notice of appeal. The notice of appeal shall identify the owner, property location, amount of any fee which might be associated with the determination of the avoidable alarm, and date of notice of the determination of an avoidable alarm received from the Village Clerk.
B. 
Upon receipt of a notice of appeal, the Village Clerk shall advise the Village Board of Trustees, the Chief of the Village of Lancaster Volunteer Fire Department and the Village of Lancaster Code Enforcement Officer of the appeal and whether any payable fee has been paid. Provided that any payable fee has been paid, the Village Board of Trustees shall then schedule a hearing with respect to the appeal, to be conducted not sooner than 14 days nor later than 60 days following the Village Clerk's receipt of the notice of appeal. The hearing may be conducted during a Village Board regular meeting or special meeting. The Village Clerk shall be notified of the date and time of the meeting during which the appeal will be heard and shall promptly provide written notice to the Chief of the Village of Lancaster Volunteer Fire Department, the Village of Lancaster Code Enforcement Officer and the owner of the date and time of the meeting during which the appeal will be heard. For good cause, the Village Board may grant an adjournment of the hearing. In such instance, the Village Clerk shall arrange to have written notice of the adjournment provided to the Chief of the Village of Lancaster Volunteer Fire Department, the Village of Lancaster Code Enforcement Officer and the owner.
C. 
At the time of the hearing, first the owner, either individually or by a designated representative, and then one or more authorized Village authorities may present relevant testimony and evidence to the Village Board as to the appropriateness of the determination of the subject avoidable alarm occurring upon the owner's premises and/or the resulting fee. The owner shall be provided the opportunity to have legal counsel present and participating on the owner's behalf. Where appropriate, upon or without an objection being stated, the Mayor may preclude certain testimony or evidence as not relevant. Village Board members, the Village attorney, the owner or the owner's designated representative, the owner's legal counsel, and authorized Village authorities may question those who offer testimony. All deliberations of the Village Board in resolving the appeal shall be subject to the Open Meetings Law.[1] For good cause, the Village Board may adjourn deliberations to a subsequent special or regular meeting not to occur more than 21 days in the future. Following deliberations, the Village Board shall resolve the appeal, i.e., whether the determination of the occurrence of an avoidable alarm and/or any associated fee was unfounded. The Village Board resolution shall be recorded in the Village Board minutes. The Village Clerk shall advise, in writing, the Chief of the Village of Lancaster Volunteer Fire Department, the Village of Lancaster Code Enforcement Officer and the owner of the resolution of the Village Board. If the appeal is resolved in favor of the owner, the amount of any excessive fee paid by the owner shall be refunded to the owner. If the Village Board resolved that the determination of the occurrence of an avoidable alarm was unfounded, all record of the subject avoidable alarm shall be expunged and become null and void.
[1]
Editor's Note: See Public Officers Law § 100 et seq.