[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.
A.
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]
(1)
The
following inspections shall be conducted by the Bureau Fire Inspectors:
(a)
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.
(b)
Firesafety and property maintenance inspections of buildings which
contain an area of public assemblies at intervals not to exceed one
year.
B.
The Bureau shall consist of 13 members as follows:
C.
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.
D.
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.
E.
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:
The Chairman of the Bureau of Fire Prevention.
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.
The Attorney for the Town of Lewiston.
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 the Bureau pursuant to the authority delegated to the Bureau by § 130-5 of this article.
A.
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:
(1)
Establish the geographical boundaries of jurisdiction of each of
the incorporated fire companies servicing the Town of Lewiston, outside
of any incorporated village.
(2)
Establish limits of districts in which storage of explosives and
blasting agents is to be prohibited.
(3)
Establish limits of districts in which storage of flammable liquids
in outside aboveground tanks is to be prohibited.
(4)
Establish limits in which bulk storage of liquefied petroleum gases
is to be restricted.
(5)
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.
(6)
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.
(7)
Establish fire lanes on private property devoted to public use.
(8)
Establish the manner and minimum number of fire drills to be conducted
in educational and institutional occupancies.
(9)
Establish a schedule of permit fees, based upon inspection and administration
costs.
B.
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.
C.
Display of address numbers; penalties for offenses.
[Added 2-12-1990 by L.L. No. 3-1990]
(1)
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.
(2)
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:
A.
Section 1.2.a is hereby amended as follows:
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a.
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The provisions of this code shall apply equally to new and existing
conditions, except that existing conditions not in strict compliance
with the terms of this code may be permitted to continue for a period
of time not to exceed one year following the effective date of this
code, in the discretion of the Inspector of the Bureau of Fire Prevention,
provided that good cause is shown and that such exceptions do not,
in the opinion of the Inspector of the Bureau of Fire Prevention,
constitute a distinct hazard to life or property.
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B.
Section 1.2.b is hereby deleted in its entirety.
C.
Section 1.5 is hereby amended to read as follows:
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Section 1.5. Orders to Eliminate Dangerous or Hazardous
Conditions.
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Whenever any of the officers, members or inspectors of the Fire
Department or Bureau of Fire Prevention as mentioned in Section 1.4
shall find, in any building or upon any premises, dangerous or hazardous
conditions or materials as follows, the Inspector of the Bureau of
Fire Prevention shall order such dangerous conditions or materials
to be removed or remedied in such manner as he may specify.
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a.
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Dangerous or unlawful amounts of combustible, explosive or otherwise
hazardous materials.
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b.
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Hazardous conditions arising from defective or improperly installed
equipment for handling or using combustible, explosive or otherwise
hazardous materials.
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c.
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Dangerous accumulations of rubbish, wastepaper, boxes, shavings
or other highly combustible materials.
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d.
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Accumulations of dust or waste material in air-conditioning
or ventilating systems or of grease in kitchen or other exhaust ducts
or inadequate clearances to unprotected combustible material from
hoods, grease extractors and ducts.
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e.
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Obstructions to or on fire escapes, designated access openings
in exterior walls for Fire Department use, stairs, passageways, doors
or windows, which are liable to interfere with the operations of the
Fire Department or egress of occupants in case of fire.
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f.
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Any building or other structure which, for want of repair, lack
of adequate exit facilities, automatic or other fire alarm apparatus
or fire extinguishing equipment, or by reason of age or dilapidated
condition, or from any other cause, creates a hazardous condition.
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g.
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Hazardous conditions resulting from the covering of a fire hydrant
with snow or the planting of shrubbery or trees within 15 feet of
a fire hydrant so as to obstruct the view of the hydrant from the
street or roadway, or hazardous conditions resulting from the placement
of brush, rubbish, debris, automobiles or other material within 15
feet on either side of a hydrant so as to hinder access to or operation
of the hydrant by Fire Department personnel.
[Added 5-4-1981 by L.L. No. 2-1981] | |
D.
Section 1.6. is hereby amended to read as follows:
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Section 1.6. Service of Orders.
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a.
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The service of orders for the correction of violations of this
code shall be made by the Inspector of the Bureau of Fire Prevention,
upon the owner, occupant or other person responsible for the conditions,
either by delivering a copy of same to such person or by delivering
the same to and leaving it with any person in charge of the premises,
or in case no such person is found upon the premises, by affixing
a copy thereof in a conspicuous place on the door to the entrance
of the said premises. Whenever it may be necessary to serve such an
order upon the owner of premises, such order may be served either
by delivering to and leaving with the said person a copy of the said
order or, if such owner is absent from the jurisdiction of the Inspector
making the order, by sending such copy by certified or registered
mail to the owner's last known post office address.
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b.
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If buildings or other premises are owned by one person and occupied
by another under lease or otherwise, the orders issued in connection
with the enforcing of this code shall apply to the occupant thereof,
except where the rules or orders require the making of additions to
or changes in the premises themselves, such as would immediately become
real estate and be the property of the owner of the premises. In such
cases the rules or orders shall affect the owner and not the occupant
unless it is otherwise agreed between the owner and the occupant.
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c.
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The orders for a correction of a violation of this code shall
contain a specified time within which compliance must occur. The specified
time shall be determined by the Inspector of the Bureau of Fire Prevention,
in his discretion, but in no event shall exceed 90 days. Extension
of the time specified for compliance to a time exceeding 90 days may
only be made by the Bureau of Fire Prevention upon application and
a demonstration and determination of good cause for such an extension.
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E.
Section 1.7. is hereby amended to read as follows:
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Section 1.7. Investigation of Fires.
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a.
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The Chief of the Fire Department shall investigate the cause,
origin and circumstances of every fire occurring in the municipality
which is of suspicious nature, which involves loss of life or injury
to persons or by which property has been destroyed or substantially
damaged. Such investigations shall be begun immediately upon the occurrence
of such a fire and, if it appears that such fire is of suspicious
origin, the Chief of the Fire Department shall take charge immediately
of the physical evidence, shall notify the proper authorities designated
by law to pursue the investigation of such matters and shall further
cooperate with the authorities in the collection of evidence and in
the prosecution of the case.
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b.
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Every fire shall be reported, by the Chief of the Fire Department,
to the Bureau of Fire Prevention at its next regularly scheduled meeting
immediately following the occurrence of the fire.
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c.
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The Corporation Counsel and the Police Department, upon request
of the Bureau of Fire Prevention, shall assist the Inspectors in the
investigation of any fire which, in their opinion, is of suspicious
origin.
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F.
Section 1.8. is hereby amended to read as follows:
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Section 1.8. Fire Record.
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The Chief of the Fire Department shall keep, in his office,
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
and whether such losses were covered by insurance and, if so, in what
amount. All such records shall be public and shall be immediately
available to the Bureau of Fire Prevention upon its request.
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G.
Section 1.9. is hereby amended to read as follows:
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Section 1.9. Permits.
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a.
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A permit shall constitute permission to maintain, store or handle
materials, or to conduct processes, which produce conditions hazardous
to life or property, or to install equipment used in connection with
such activities. Such permit does not take the place of any license
required by law. It shall not be transferable, and any change in use
or occupancy of premises shall require a new permit. The following
operating permits are required in the Town of Lewiston.
[Amended 4-28-2014 by L.L. No. 1-2014] | |||
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(1)
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Operating permits shall be required for conducting the activities
or using the categories of building listed below:
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(i)
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Manufacturing, storing or handling hazardous materials in quantities
exceeding those listed in Tables 2703.1.1(1), 2703.1.1(2), 2703.1.1(3)
or 2703.1.1(4) of the Fire Code of New York State (see 19 NYCRR Part
1225);
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(ii)
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Hazardous processes and activities, including, but not limited
to, commercial and industrial operations which produce combustible
dust as a by-product, fruit and crop ripening, and wastewater handling;
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(iii)
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Use of pyrotechnic devices in assembly occupancies;
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(iv)
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Buildings containing one or more areas of public assembly with
an occupant load of 100 persons or more; and
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(v)
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Buildings whose use or occupancy classification may pose a substantial
potential hazard to public safety, as determined by the government
or agency charged with or accountable for administration and enforcement
of the Uniform Code.
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(2)
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Parties who propose to undertake the types of activities or
operate the types of buildings listed in paragraph (1) of this subdivision
shall be required to obtain an operating permit prior to commencing
such operation. An application for an operating permit shall contain
sufficient information to permit a determination that quantities,
materials, and activities conform to the requirements of the Uniform
Code. Tests or reports necessary to verify conformance shall be required.
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(3)
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An inspection of the premises shall be conducted prior to the
issuance of an operating permit.
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(4)
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A single operating permit may apply to more than one hazardous
activity.
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(5)
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Operating permits may remain in effect until reissued, renewed
or revoked or may be issued for a specified period of time consistent
with local conditions.
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(6)
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Where activities do not comply with applicable provisions of
the Uniform Code, an operating permit shall not be revoked or suspended.
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b.
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Before a permit may be issued, the Inspector of the Bureau of
Fire Prevention, or his assistants, shall inspect and approve the
receptacles, vehicles, buildings or storage places to be used. In
cases where laws or regulations enforceable by departments other than
the Bureau of Fire Prevention are applicable, joint approval shall
be obtained from all departments concerned.
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c.
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All applications for a permit required by this code shall be
made to the Inspector of the Bureau of Fire Prevention, and said applications
shall be in such form and detail and be accompanied by such plans
as the Bureau of Fire Prevention may prescribe.
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d.
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The Inspector of the Bureau of Fire Prevention shall have the
authority to issue permits after proper application and a determination
by him that issuance is proper. The Inspector shall, at each regularly
scheduled meeting of the Bureau of Fire Prevention, report on each
application made and each permit issued.
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e.
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Fees for permits shall be based upon inspection and administration
costs and shall be paid, to the Town Clerk, at the time of making
the application, in an amount as is set forth in a schedule of fees
promulgated by the Bureau of Fire Prevention.
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f.
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Permits shall at all times be kept on the premises designated
therein and shall at all times be subject to inspection by any officer
of the Fire or Police Departments.
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g.
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One permit only shall be required by establishments dealing
in or using two or more flammable, combustible or explosive materials
to be kept in the establishment at any one time, but each of the materials
shall be listed in the permit.
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H.
Section 1.10. is hereby amended to read as follows:
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Section 1.10. Revocation of Permit.
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The Inspector of the Bureau of Fire Prevention may revoke a
permit or approval issued if any violation of this code is found upon
inspection or in case there has been any false statement or misrepresentation
as to a material fact in the application or plans on which the permit
or approval was based.
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I.
Section 1.11. is hereby amended to read as follows:
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Section 1.11. Fire Drills in Educational and Institutional
Occupancies.
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Fire drills in educational and institutional occupancies shall
be conducted periodically in a manner and number prescribed in the
regulations of the Bureau of Fire Prevention.
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J.
Section 1.12 is hereby added to read as follows:
[Added 4-8-1991 by L. No. 1-1991[1]]
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Section 1.12. Certain Sales of Gasoline Prohibited.
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a.
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No person or persons shall transport more than a maximum five
gallons of Class 1B flammable liquid (gasoline) in an approved container
or containers in any motor vehicle in the Town of Lewiston. An approved
portable container for gasoline will be made of metal or suitable
listed unbreakable material as described in the New York State Uniform
Fire Prevention and Building Code and will have a spring- or screw-type
cover with a spout or other design to prevent spilling when poured.
[Amended 8-28-1995 by L.L. No. 1-1995] | |
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b.
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No person who holds a license under this chapter nor any employee
of such license holder shall sell or permit to be sold more than five
gallons of gasoline to any person for transportation in any motor
vehicle in an approved portable container where more than five gallons
of gasoline will be transported in said vehicle.
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c.
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The foregoing provisions shall not apply to the extent that
the Bureau of Fire Prevention has issued a permit to transport gasoline
in excess of the limits prescribed by this section to any person who
has demonstrated special circumstances which in the former's discretion
warrant an exception thereto.
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d.
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Any person who violates the provisions of this section shall
be fined not more than $250 or imprisoned not more than 15 days, or
be subject to both such fine and imprisonment.
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K.
Article 3 of the Fire Prevention Code is hereby amended as follows:
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ARTICLE 3
WASTE MATERIAL HANDLING PLANTS
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Section 3.1. General.
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Waste material handling plants shall conform to all other applicable
requirements of this code as well as the following provisions.
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Section 3.2. Permit Required.
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A permit shall be obtained to conduct or maintain waste material
handling plant.
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Section 3.3. Location.
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No waste material handling plant shall be located as to seriously
expose adjoining adjacent properties.
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Section 3.4. Burning Operations.
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The burning of any waste materials shall be done only in designated
open spaces or incinerator enclosures approved for burning purposes
by the Bureau of Fire Prevention.
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Section 3.5. Construction and Protection.
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a.
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Handling and storage of large quantities of wastepaper, rags
or other combustible materials shall not be in a building of wood
frame or ordinary construction, unless the building is sprinklered.
Vertical openings shall be enclosed in an approved manner.
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b.
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Picking rooms shall be separated from storage rooms by construction
having a fire resistance rating of not less than one hour, with each
door opening provided with an approved fire door. Picking rooms shall
be provided with exhaust systems of sufficient capacity to adequately
remove dust and lint.
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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.
A.
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.
B.
The application of the above penalty shall not be held to prevent
the enforced removal of prohibited conditions.
