[Adopted 12-2-1974 by L.L. No. 3-1974 (Ch. 9A of the 1965 Code)]
This article may be cited as the "Lewiston Fire Prevention Code."
[Amended 5-4-1981 by L.L. No. 2-1981; 4-28-2014 by L.L. No. 1-2014]
There is hereby adopted by the Town of Lewiston, for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, that certain code known as the "Fire Code of New York State," as amended from time to time. Copies are available in the office of the Clerk of the Town of Lewiston, and the same is hereby adopted and incorporated as fully as if set out at length herein, and, from the date on which this article shall take effect, the provisions thereof shall be controlling within the limits of the Town of Lewiston outside of any incorporated village.
The Fire Code of New York State shall be enforced by the Bureau of Fire Prevention of the Town of Lewiston, hereinafter referred to as the "Bureau," which is hereby established and which shall be operated under the supervision of the Chairman of the Bureau.
[Amended 4-28-2014 by L.L. No. 1-2014]
The following inspections shall be conducted by the Bureau Fire Inspectors:
Firesafety and property maintenance inspections of all multiple dwellings and all nonresidential occupancies at intervals consistent with local conditions, but in no event shall such intervals exceed three years.
Firesafety and property maintenance inspections of buildings which contain an area of public assemblies at intervals not to exceed one year.
The Bureau shall consist of 13 members as follows:
The Chairman of the Bureau shall be elected from its membership by a majority thereof, with the exception that the member of the Bureau who is a member of the Lewiston Town Board may not be elected as Chairman even though he shall be entitled to vote thereon. The Chairman shall serve as such for an indefinite term at the pleasure of the Bureau.
The Chairman of the Bureau shall recommend to the Lewiston Town Board the employment of an Inspector or Inspectors who, when such authorization is made, shall be selected through an examination to determine fitness for the position, and shall be known as "Inspector (or Inspectors) of the Bureau of Fire Prevention." The Town Board must accept the recommendations of the Bureau, and the appointments shall be made for an indefinite term at the pleasure of the Bureau.
A report of the Bureau shall be made annually and transmitted to the Chief Executive Officer of the Town of Lewiston. It shall contain all proceedings under the Fire Prevention Code, with such statistics as the Chairman of the Bureau may wish to include therein. The Chairman of the Bureau shall also recommend any amendments to the Code which, in his judgment, shall be desirable.
As used in this article and the code adopted hereby, the following terms shall have the meanings indicated:
- CHIEF OF THE BUREAU OF FIRE PREVENTION
- The Chairman of the Bureau of Fire Prevention.
- CHIEF OF THE FIRE DEPARTMENT
- The Chief of the incorporated fire company having jurisdiction over the geographical area involved, as such geographical jurisdiction has been established by the Bureau pursuant to the authority delegated to the Bureau by § 130-5 of this article.
- CORPORATION COUNSEL
- The Attorney for the Town of Lewiston.
- FIRE DEPARTMENT
- The incorporated fire company having jurisdiction over the geographical area involved, as such geographical jurisdiction has been established by the Bureau pursuant to the authority delegated to the Bureau by § 130-5 of this article.
- The Town of Lewiston outside of any incorporated village.
- WITHIN THE LIMITS ESTABLISHED BY LAW (as used in Sections 12.5B, 16.22A, 16.61 and 21.6A of the Fire Prevention Code)
- Within the limits established by the Bureau pursuant to the authority delegated to the Bureau by § 130-5 of this article.
The Town Board hereby delegates to the Bureau of Fire Prevention the authority and power to promulgate and establish rules, regulations and policies to execute, effect the purpose of and enforce the Town of Lewiston Fire Prevention Code, specifically including but not limited to the power and authority to:
Establish the geographical boundaries of jurisdiction of each of the incorporated fire companies servicing the Town of Lewiston, outside of any incorporated village.
Establish limits of districts in which storage of explosives and blasting agents is to be prohibited.
Establish limits of districts in which storage of flammable liquids in outside aboveground tanks is to be prohibited.
Establish limits in which bulk storage of liquefied petroleum gases is to be restricted.
Establish and designate the motor vehicle routes for vehicles transporting explosives and blasting agents referred to in Section 12.7m of the Fire Prevention Code.
Establish and designate the motor vehicle routes for vehicles transporting hazardous chemicals or other dangerous articles referred to in Section 20.14 of the Fire Prevention Code.
Establish fire lanes on private property devoted to public use.
Establish the manner and minimum number of fire drills to be conducted in educational and institutional occupancies.
Establish a schedule of permit fees, based upon inspection and administration costs.
The rules, regulations and policies established and promulgated by the Bureau, pursuant to the authority delegated to it by this section, shall be reduced to written form and compiled under the title "Rules and Regulations of the Bureau of Fire Prevention of the Town of Lewiston," copies of which shall be made available to the public, at cost, at the Lewiston Town Hall and any other location which the Bureau deems fit.
Display of address numbers; penalties for offenses.
[Added 2-12-1990 by L.L. No. 3-1990]
In order to aid police, fire and ambulance vehicles in locating the proper address during an emergency, all residential, commercial and industrial buildings shall be required to display address numbers so that they can be easily recognizable from the street or road upon which they front.
Violation of this subsection of the Code shall be punishable by a fine of not to exceed $25. Each and every day that a violation is permitted to exist after due notice shall constitute a separate offense.
The Fire Prevention Code is hereby amended and changed as follows:
Section 1.2.a is hereby amended as follows:
Section 1.2.b is hereby deleted in its entirety.
Section 1.5 is hereby amended to read as follows:
Section 1.6. is hereby amended to read as follows:
Section 1.7. is hereby amended to read as follows:
Section 1.8. is hereby amended to read as follows:
Section 1.9. is hereby amended to read as follows:
Section 1.10. is hereby amended to read as follows:
Section 1.11. is hereby amended to read as follows:
Article 3 of the Fire Prevention Code is hereby amended as follows:
The Bureau of Fire Prevention shall have power to modify any of the provisions of the Fire Prevention Code, 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 the code, provided that the spirit of the 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 Bureau of Fire Prevention thereon shall be entered upon the records of the Bureau of the fire company having jurisdiction over the geographical area involved, and a signed copy shall be furnished to the applicant.
Whenever the Inspector of the Bureau of Fire Prevention shall disapprove an application or refuse to grant a permit applied for, or when the Bureau denies an application for modification, or when it is claimed that the provisions of the 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 such decision to the Town of Lewiston Board of Appeals within 30 days from the date of the decision appealed.
The Bureau of Fire Prevention 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 said code. The Bureau of Fire Prevention shall post such list in a conspicuous place and distribute copies thereof to interested persons.
Any person who shall violate any of the provisions of the code hereby adopted or fail to comply therewith or violate or fail to comply with any of the rules and regulations promulgated by the Bureau of Fire Prevention, 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 Lewiston Board of Appeals or 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 Class B misdemeanor, punishable by a fine of not more than $500 or by imprisonment for not more than 90 days, or by both such fine and imprisonment. The imposition of one penalty for any violation shall not excuse the violation or 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.
The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.