[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]
Firesafety practice shall be observed as set forth in this chapter
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 chapter.
(2)
BARBECUE PIT
BONFIRE
COOKING DEVICE
OPEN BURNING
OUTDOOR FIREPLACE
RECREATIONAL FIRE
Definitions. As used in this chapter, the following terms shall have
the meanings indicated:
A noncombustible container designed for roasting or baking
food or meat over an open fire.
An outdoor fire utilized for a ceremony, special occasion
or ritual.
A noncombustible device designed for cooking food or meat,
fueled by either natural gas, liquefied petroleum gas (LP gas), or
commercial charcoal or briquettes.
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.
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.
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 chapter 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.
(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 chapter 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
[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 chapter 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 chapter 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]
[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 chapter.
