[Amended 4-4-2007 by Ord. No. 2007-3]
The law governing fire prevention and safety
in the City of Townsville is contained in Article 18 of the New York
Executive Law and its accompanying regulations codified in Title 19
of the Official Compilation of the Codes, Rules, and Regulations of
the State of New York.
[Amended 4-4-2007 by Ord. No. 2007-3]
A.
Enforcement. Pursuant to § 381 of the New
York Executive Law, the City of Townsville shall be the entity responsible
for enforcement of the New York State Uniform Fire Prevention and
Building Code (the Uniform Code) within the City of Townsville. This
article provides for the enforcement and administration of the Fire
Code and the Property Maintenance Code of New York State.
B.
Code enforcement official. The Chief of the Fire Department
or the Chief's designee shall be considered the code enforcement official
for the Fire Code and Property Maintenance Code of New York State
within the City of Townsville.
[Amended 4-4-2007 by Ord. No. 2007-3]
A.
The Fire Prevention Bureau is a division of the Townsville
Fire Department designated by the Chief of the Fire Department for
the enforcement and administration of this article.
B.
Fire Marshal. The Fire Marshal shall be designated
by the Chief of the Fire Department. The Fire Marshal shall be an
employee and fire officer within the Townsville Fire Department. The
Fire Marshal shall be in charge of the Fire Prevention Bureau; and,
for the purpose of this article, he/she shall be the Fire Chief's
designee as the code Enforcement Official.
C.
Inspectors. The Chief of the Fire Department may designate
such members of the Fire Department as inspectors as shall from time
to time be necessary. Inspectors for the purpose of inspection of
buildings or premises and ascertaining and causing to be corrected
any violations of the Fire Code and Property Maintenance Code of New
York State shall be the career Fire Department officers or members
so designated by the Chief of the Fire Department.
D.
Report to Mayor. A report of the Fire Prevention Bureau
shall be made annually and submitted to the Mayor. It shall contain
all enforcement actions under the Uniform Code, with such statistics
as the Chief of the Fire Department may deem necessary to include
therein. The Chief of the Fire Department may also recommend any amendments
to this article as he/she may deem to be desirable.
[Amended 8-3-2005 by Ord. No. 2005-16; 4-4-2007 by Ord. No. 2007-3]
A.
An operating permit issued by the Chief of the Fire
Department or the Fire Marshal shall constitute permission to maintain,
store or handle materials or to conduct processes and activities which
produce conditions hazardous to life or property or to install equipment
used in connection with such activities. Any person who proposes to
undertake any new activity or to operate any type of new building
listed in this section shall be required to obtain an operating permit
prior to commencing such activity or operation. Such permit shall
not take the place of any license otherwise required by law. It is
not transferable, and any change in the use or occupancy of premises
shall require a new permit. The Fire Chief or the Fire Marshall shall,
in his/her discretion, determine the appropriate duration of an issued
permit. Unless otherwise specified in this chapter, no permit shall
be valid for a period of more than one year.
B.
Before an operating permit is issued, the Chief of
the Fire Department or the Chief's designee shall inspect and approve
the receptacles, vehicles, buildings or storage places to be used.
In cases where laws or regulations enforceable by other departments
other than the Fire Department are applicable, joint approval shall
be obtained from all departments concerned.
C.
All applications for an operating permit required
by this code shall be made to the office of the Fire Prevention Bureau
in such form and detail as it shall prescribe. Applications for permits
shall be accompanied by such plans as are required by the Chief of
the Fire Department or the Fire Marshal.
D.
Operating permits shall at all times be kept on the
premises designated therein and shall at all times be subject to inspection
by any City of Townsville fire inspector. The Chief of the Fire Department
and the Fire Marshal shall have the authority to revoke a duly issued
permit prior to the expiration thereof if there is a reasonable basis
to believe that the permit holder is in violation of the provisions
of this chapter regarding said permit, or that the permit holder has
violated the terms of the permit.
E.
The following permits are required:
(1)
Explosives, ammunition and blasting agents.
(a)
An operating permit shall be obtained to:
[1]
Manufacture, possess, store, sell or otherwise
dispose of explosives or blasting agents.
[2]
Transport explosives or blasting agents.
[3]
Use explosives or blasting agents.
[4]
Operate a terminal for handling explosives or
blasting agents.
[5]
Deliver to or receive explosives or blasting
agents from a carrier at a terminal between the hours of sunset and
sunrise.
[6]
Transport blasting caps or electric blasting
caps on the same vehicle with explosives.
(b)
An operating permit shall not be issued for:
[1]
Liquid nitroglycerin.
[2]
Dynamite (except gelatin dynamite) containing
over 60% of liquid explosive ingredient.
[3]
Dynamite having an unsatisfactory absorbent
or one that permits leakage of a liquid explosive ingredient under
any conditions liable to exist during storage.
[4]
Nitrocellulose in a dry and uncompressed condition
in a quantity greater than 10 pounds net weight in one package.
[5]
Fulminate of mercury in a dry condition and
fulminate of all other metals in any condition except as a component
of manufactured articles not hereinafter forbidden.
[6]
Explosive compositions that ignite spontaneously
or undergo marked decomposition, rendering the products or their use
more hazardous, when subjected to 48 consecutive hours or less at
a temperature of 167° F.
[7]
New explosives until approved by the United
States Department of Transportation, except that permits are permitted
to be issued to educational, governmental or industrial laboratories
for instructional or research purposes.
[8]
Explosives condemned by the United States Department
of Transportation.
[9]
Explosives not packed or marked in accordance
with the requirements of the Department of Transportation.
[10]
Explosives containing an ammonium salt and a
chlorate.
(c)
Nothing in this Subsection E(1) shall be construed as applying to:
[1]
The transportation of explosive materials when
under the jurisdiction of and in compliance with the regulations of
the Hazardous Materials Regulation Board of the United States Department
of Transportation (DOT). It shall, however, apply to municipal supervision
as to compliance with federal regulations within the jurisdiction
of a municipality.
[2]
The transportation and use of military explosives
by federal and state military departments, nor to the transportation
and use of explosive materials by federal, state and municipal governmental
departments while in the normal and emergency performance of their
duties.
[3]
The manufacture, under the regulations of the
Department of Defense, of explosive materials for or their distribution
to or storage or possession by the military or naval services or other
agencies of the United States or to arsenals, navy yards, depots or
other establishments owned by or operated by or on behalf of the United
States.
[4]
The use of explosive materials in medicines
and medicinal agents in the forms prescribed by the United States
Pharmacopeia or the National Formulary.
(2)
Manufacture, sale, storage, and discharge of fireworks.
(a)
An operating permit shall be obtained from the
Chief of the Fire Department or the Fire Marshal for the manufacture
and storage of fireworks. The Chief of the Fire Department or the
Fire Marshal may restrict the quantity of fireworks that can be manufactured
or stored.
(b)
The Chief of the Fire Department or the Fire
Marshal may adopt reasonable rules and regulations for the granting
of permits for supervised public displays of fireworks by municipalities,
fire associations or groups of individuals.
(c)
Such permits can be granted upon application
to the Chief of the Fire Department or the Fire Marshal and after
approval of the Chief of Police. Applications for permits shall be
made, in writing, at least 30 days in advance of the date of the display.
No permit granted shall be transferable.
(3)
Pyrotechnic displays and devices. A permit shall be
obtained for the use of pyrotechnic devices in areas of public assembly.
The permit shall be valid for one day and shall not be transferable
to a different location. Applications for permits shall be made, in
writing, at least 30 days in advance of the date of use. A demonstration
of the pyrotechnic display and devices shall be witnessed by the Fire
Department prior to use before a public gathering.
(4)
Hazardous materials.
(a)
An operating permit shall be required for the
manufacturing, storing or handling of hazardous materials in quantities
exceeding those listed in Table 2703.1.1(1), 2703.1.1(2), 2703.1.1(3)
or 2703.1.1(4) in the publication entitled "Fire Code of New York
State" and incorporated by reference in 19 NYCRR § 1225.1.
(b)
An operating permit shall be required for the
storage or handling at any installation of radioactive materials having
a radioactivity greater than one microcurie or any amount of radioactive
material for which a specific license from the United States Nuclear
Regulatory Commission is required so as to be reasonably safe to persons
and property. A specific license for the radioactive material obtained
from the United States Nuclear Regulatory Commission shall be evidence
that such license represents reasonable procedure for safety to persons
and property.
(c)
An operating permit shall be required for hazardous
processes and activities, including but not limited to commercial
and industrial operations which produce combustible dust as a byproduct,
fruit and crop ripening, and waste handling.
(d)
Reports.
[1]
Before authorizing the issuance of any operating
permit, the Chief of the Fire Department or the Fire Marshal is permitted
to require the applicant to submit, in writing, one or more of the
following:
[a]
A report from an approved testing laboratory
for the physical and chemical properties of the chemical in question
whenever such properties are not readily available in published reference
or from other recognized sources.
[b]
Evidence that the amount of manufacture, processing,
storage, use or transportation of the hazardous chemicals in question
is in accordance with nationally recognized safe practices and that
no undue hazard to life or property is involved.
[c]
The qualification, experience and knowledge
of the person who is to supervise the operations involving the particular
material.
[2]
Reports concerning materials or processes are
permitted to be marked for the confidential information of the Chief
of the Fire Department or the Fire Marshal, who shall use the data
contained therein to evaluate the fire and explosion hazard.
(5)
Liquefied petroleum gases.
(a)
An operating permit shall be obtained for:
[1]
Each installation of liquefied petroleum gas
employing a container or an aggregate of interconnected containers
of over 2,000 gallons' water capacity.
[2]
Each temporary or permanent installation of
liquefied petroleum gas, irrespective of the size of the containers,
made at buildings or gatherings at which people congregate for civic,
political, educational, religious, social or recreational purposes.
Such buildings shall include but not be limited to schools, churches,
health-care occupancies, hotels and restaurants, each having a capacity
of 20 or more persons. This section shall not apply to one- or two-family
dwellings utilizing appliances supplied with a single cylinder not
exceeding 20 pounds' capacity.
(b)
Where the nature of the adjoining occupancy,
the proximity of adjacent buildings or unusual conditions indicate
the need, the Chief of the Fire Department or Fire Marshal may require
the submittal of plans to the Fire Prevention Bureau prior to making
the installation; and if compliance with the requirements of this
code is shown by said plans, an operating permit shall be issued.
(c)
Installers shall report all installations for
which an operating permit is not required, not including installations
of gas-burning appliances, but including heater-container units, and
have them available for inspection by the Bureau of Fire Prevention.
(6)
Lumberyards and woodworking plants. A permit shall
be required for the storage of lumber exceeding 100,000 board feet.
(7)
General precautions against fire.
(a)
Bonfires, recreational fires, and outdoor rubbish
fires. No person shall kindle or maintain any bonfire, recreational
fire or rubbish fire or authorize any such fire to be kindled or maintained
without an operating permit or other proper authorization. During
construction or demolition of buildings or structures, no waste materials
or rubbish shall be disposed of by burning on the premises or in the
immediate vicinity without having obtained an operating permit or
other proper authorization.
(b)
Matches. No person shall manufacture matches
without an operating permit. No person shall store matches exceeding
in aggregate 25 cases of matches without an operating permit.
(c)
Storage of readily combustible materials.
[1]
Permit required. No person shall store in any
building or upon any premises in excess of 2,500 cubic feet gross
volume of combustible empty packing cases, boxes, barrels or similar
containers, rubber tires, rubber or cork or other similarly combustible
material without an operating permit.
[2]
Storage requirements. Storage in buildings shall
be orderly, shall not be within two feet of the ceiling, shall be
separated from heaters or heating devices by distance or shielding
so that ignition cannot occur and shall not be so located as to endanger
exit from the building. Storage in the open shall be so located with
respect to adjacent buildings as not to constitute a hazard and shall
be compact and orderly.
(8)
Welding or cutting, acetylene generators, calcium
carbide and acetylene cylinder charging plants.
(a)
Operating permit required for welding or cutting.
[1]
An operating permit shall be required of each company, corporation, copartnership or owner/operator performing welding or cutting operations, except as provided by the provisions of § 325-3. This permit shall not be required for each welding or cutting job location. The company, corporation, copartnership or owner/operator shall notify the Fire Chief or the Fire Marshal in advance where such work is done in response to an emergency call that does not allow time to issue the necessary permit.
[3]
Application for an operating permit required
by this article shall be made by the company, corporation, copartnership
or owner/operator performing the welding or cutting operation or by
his/her duly authorized agent.
[4]
An operating permit for welding or cutting operations
shall not be issued unless the individuals in charge of performing
such operations are capable of doing such work in a safe manner. Demonstration
of a working knowledge of the provisions of this article shall constitute
acceptable evidence of compliance with this requirement.
[5]
Companies, corporations, copartnerships and
owner/operators required to have an operating permit shall maintain
a record of all locations where welding or cutting operations are
performed and have it available for inspection by the Fire Prevention
Bureau.
(b)
Operating permit required for cylinder and container
storage. An operating permit shall be required for the storage of
cylinders or containers used in conjunction with welding or cutting
operations when more than 2,000 cubic feet of flammable compressed
gas, other than liquefied petroleum gas, or a total water capacity
of 735 pounds of liquefied petroleum gas or methylacetylene-propadiene,
stabilized, or 6,000 cubic feet of nonflammable compressed gas is
stored.
(c)
Operating permit required for acetylene generators.
No person shall operate an acetylene generator having a carbide capacity
exceeding five pounds without an operating permit.
(d)
Operating permit required for storage of calcium
carbide. An operating permit shall be required to store or keep calcium
carbide in excess of 200 pounds.
(9)
Asphalt kettles.
(a)
An operating permit shall be required for asphalt
kettles. Such permit shall be obtained prior to the issuance of any
building permit for the construction or reconstruction of any roof
and prior to operation of the kettle on the site.
(b)
An operating permit shall be obtained for each
kettle to be used, even if more than one will be used at one site.
(c)
Regulations governing the operation and use
of asphalt kettles shall be as specified in the Fire Code of New York
State.
(10)
Areas of public assembly (Assembly Group A Occupancies).
(a)
Definition. Areas of public assembly are those
areas set forth as such and defined in the Uniform Code as "Assembly
Group A Occupancies." These assembly areas include buildings and portions
of buildings used for gathering together 50 or more persons for purposes
of amusement, athletics, civic purposes, dining, education, entertainment,
or patriotic, political, recreational, religious, or other social
purposes. Examples of such buildings include but are not limited to:
nightclubs, restaurants, art galleries, bowling alleys, churches,
community halls, funeral parlors, lecture halls, libraries, museums,
passenger stations, and skating rinks.
(b)
An operating permit shall be obtained from the
Chief of the Fire Department or the Fire Marshal for the operation
of an area of public assembly prior to such operation.
(c)
The Chief of the Fire Department or the Fire
Marshal may promulgate reasonable rules and regulations for the granting
of permits, including but not limited to requiring the submittal of
plans and/or specifications for such space, and requiring the submittal
of installation and/or testing records for fire protective equipment
or systems in use in said area of assembly.
(d)
Upon receipt of such application, the Chief
of the Fire Department or the Fire Marshal shall cause the area of
public assembly to be inspected. Such inspection shall include measuring
and calculating maximum occupancy load(s) for the space and determining
whether or not the space is in compliance with the Uniform Fire Prevention
and Building Code of New York State.
(e)
No permit for an area of public assembly shall
be granted if, in the opinion of the Chief of the Fire Department
or the Fire Marshal, such space is not in compliance with the Uniform
Fire Prevention and Building Code.
(f)
An operating permit for an area of public assembly
shall be effective for a period not to exceed one year. An application
for renewal must be made prior to the expiration of the current permit.
(g)
An operating permit for an area of public assembly
may be suspended or revoked if, in the opinion of the Chief of the
Fire Department or the Fire Marshal, there is a violation of the Fire
Code or Property Maintenance Code of New York State resulting in immediate
danger to the life or health of occupants thereof.
(h)
In the event that an on-premises inspection
organization exists which may provide third-party inspection and certification
of compliance, such fees as required for this section shall be adjusted
to reflect the actual time spent by the Fire Department required to
assure compliance with the intent of this part.
(i)
Fees for an operating permit for an area of public assembly or for renewal of such permit shall be established by the Fire Chief, according to § 181-9F of this article. Such fees shall be the actual costs incurred to do the work. The personnel costs included shall be based on the average hourly rate plus expenses for Fire Department personnel. An estimate of these costs shall be provided to the applicant upon preliminary approval of the application for said permit.
(11)
Fire protective systems.
(a)
An operating permit shall be required to install
or substantially repair a fire detection, alarm or fire suppression
system as such is defined in the New York State Uniform Fire Prevention
and Building Code.
(b)
The permit required in Subsection E(11)(a) above shall be obtained from the Chief of the Fire Department or the Fire Marshal. This permit is separate from, and shall be required in addition to, any building permit issued by the Building Department.
(c)
Prior to the issuance of an installation permit,
the Chief of the Fire Department or the Fire Marshal shall review
said application along with the associated building permit to ensure
compliance with applicable codes, rules and regulations.
(d)
Upon completion of installation or repair work,
an applicant shall conduct an acceptance test of the full system,
which test shall be observed by the Chief of the Fire Department or
the Chief's designee. The applicant shall provide the Chief of the
Fire Department or the Chief's designee with a system test record
describing the system to be tested and its components. The test shall
be conducted in accordance with the standards prescribed by the National
Fire Protection Association or other appropriate standard-setting
organization as determined by the Chief of the Fire Department or
the Fire Marshal. If it is satisfied that the installation work meets
the prescribed standards, the Chief of the Fire Department or the
Fire Marshal shall certify the work as complete and satisfactory.
(e)
Fees. Fees for an installation or repair permit shall be established by the Fire Chief in accordance with § 181-9F(1) of this article. Such fees shall be the actual costs incurred to do the work. The personnel costs included shall be based on the average hourly rate plus expenses for Fire Department personnel.
(12)
Elevators.
(a)
An operating permit shall be required to operate
an existing or install a new elevator or conveying system as defined
by the New York State Uniform Fire Prevention and Building Code. A
separate operating permit is required for each elevator or conveying
system.
(b)
The operating permit required in Subsection E(12)(a) shall be obtained from the Chief of the Fire Department or the Fire Marshal. This permit is separate from, and shall be required in addition to, any building permit issued by the Building Department.
(c)
Prior to the issuance of an operating permit,
the Chief of the Fire Department or the Fire Marshal shall review
said application along with the associated inspection reports to ensure
compliance with the applicable codes, rules, and regulations.
(d)
New installations. Upon completion of the installation of a new elevator or conveying system, an applicant shall conduct an acceptance test of the elevator or conveying system. The acceptance test shall be witnessed by a qualified elevator inspector, as defined in Subsection E(12)(f), and shall also be witnessed by the Chief of the Fire Department or the Chief's designee. The applicant shall provide the Chief of the Fire Department or the Chief's designee with a system test record that describes the system to be tested and its components. The acceptance test shall be conducted in accordance with the standards prescribed by the American Society of Mechanical Engineers (ASME) or other appropriate standard-setting organization as determined by the Chief of the Fire Department or the Fire Marshal. If it is satisfied that the installation work meets the prescribed standards, the Chief of the Fire Department or the Fire Marshal shall certify the work as complete and satisfactory.
(e)
Fees. Fees for an operating permit shall be established by the Fire Chief in accordance with § 181-9F(1) of this article. Such fees shall be the actual costs incurred to do the work. The personnel costs included shall be based on the average hourly rate plus expenses for Fire Department personnel.
(f)
Qualified elevator inspector (QEI). Elevator
inspectors shall be required to provide a current certification from
an ASME accredited organization to the Chief of the Fire Department
or the Fire Marshal. The Chief of the Fire Department or the Fire
Marshal shall maintain a list of QEI's who are authorized to perform
periodic inspections of elevators in the City of Townsville.
(g)
Periodic inspections. Periodic inspections of
elevators or conveying systems, as required by the New York State
Uniform Fire Prevention and Building Code, shall be made by a qualified
elevator inspector. Inspection reports shall be filed with Fire Department
within 30 days of the inspection by the QEI. The owner of the building
shall provide documentation to the Fire Department from an elevator
service contractor that states the violations have been abated.
(h)
Periodic tests. Periodic tests of elevators
or conveying systems, as required by the New York State Uniform Fire
Prevention and Building Code, shall be witnessed by a qualified elevator
inspector. The building owner or the owner's authorized agent shall
have all tests required by the Uniform Code made by persons qualified
to perform such service in the presence of a qualified elevator inspector
authorized by the Chief of the Fire Department or the Fire Marshal.
The qualified elevator inspector witnessing the periodic test shall
not possess a financial interest with parties performing service or
testing of the elevator or conveying system that is being tested.
(i)
Frequency of inspection and testing. The frequency
of inspection and testing is determined by the New York State Uniform
Fire Prevention and Building Code.
(j)
Expiration of operating permit. An operating permit for an elevator or conveying system shall be valid for a period no greater than three years. The operating permit will be automatically renewed upon a firesafety and property maintenance inspection as required by § 181-16.
(k)
Validity of operating permit. An operating permit
for an elevator or conveying system shall be valid for three years,
provided that the elevator or conveying system is operated, maintained,
tested, and inspected in accordance with the requirements of this
article and the Uniform Code.
(l)
The operating permit issued by the Townsville
Fire Department shall be posted in every passenger car, freight car
and elevator machine room for which the operating permit was issued.
F.
Permit fees.
(1)
The Chief of the Fire Department or the Fire Marshal
shall promulgate an operating permit fee schedule applicable to the
permits required herein. Fees established in the fee schedule shall
reasonably reflect the cost of receiving, investigating, processing
and issuing each of said permits.
(2)
Such schedule and any changes proposed thereto shall
be submitted to the Common Council for adoption prior to collection
of such fees.
(3)
The fee schedule shall be posted at the Fire Chief's
office and distributed to any interested parties.
[1]
Editor's Note: Former § 181-10,
New materials, processes or occupancies, was repealed 4-4-2007 by
Ord. No. 2007-3.
[Amended 8-3-2005 by Ord. No. 2005-16; 4-4-2007 by Ord. No. 2007-3]
A.
The Board of Fire Appeals shall be appointed by the
Mayor with the consent of the Common Council and shall be composed
of five members who shall be selected on the basis of their interest
in fire prevention. The Mayor may appoint not more than one Council
member and one Fire Commissioner to serve on this Board.
B.
This subsection shall apply only to those elements
of this chapter that are not addressed or otherwise covered by the
New York State Uniform Fire Prevention and Building Code. Whenever
the Chief of the Fire Department or the Fire Marshal shall refuse
to grant an operating permit applied for, or when the Chief of the
Fire Department or the Fire Marshal shall revoke a duly granted permit
for alleged violation of the provisions of this chapter and/or the
terms on which the permit was granted, or when it is claimed that
the provisions of the code do not apply or that the true intent and
meaning of the code may have been misconstrued or wrongly interpreted,
the applicant may appeal from the decision of the Chief of the Fire
Department or the Fire Marshal to the Board of Fire Appeals within
30 days from the date of the decision. The Board of Fire Appeals may
affirm, modify or reverse any determination of the Chief of the Fire
Department or the Fire Marshal made pursuant to the provisions of
this chapter.
[Amended 4-4-2007 by Ord. No. 2007-3]
A.
The procedure for seeking a variance or appealing
any of the provisions of the Fire Code of New York State is governed
by 19 NYCRR 1205, titled "Variance Procedures," which procedure is
administered by the Secretary of State.
B.
This subsection shall apply only to those elements
of this chapter that are not addressed or otherwise covered by the
New York State Uniform Fire Prevention and Building Code. Whenever
the Chief of the Fire Department or the Fire Marshal shall refuse
to grant an operating permit applied for or when it is claimed that
the provisions of the code do not apply or that the true intent and
meaning of the code may have been misconstrued or wrongly interpreted,
the applicant may appeal from the decision of the Chief of the Fire
Department or the Fire Marshal to the Fire Appeals Board within 30
days from the date of the decision. The Fire Appeals Board may affirm,
modify or reverse any determination of the Chief of the Fire Department
or the Fire Marshal made pursuant to the provisions of this chapter.
Fire limits of the City of Townsville are hereby
defined as follows:
A.
Fire Limits A: those areas of the City which are zoned Industrial I-1 and Business B2-b, CBD-60, CBD-85, CBD-100, CBD140, WEDZ-1a, WEDZ-1b, SW-1, except the northern boundary of fire limits in SW-1 shall be the northerly property lines of parcels 100.-3-1 and 101.-1-1.2, SW-2, SW-3, and WF-1 (a, b, c, and d) in the City of Townsville Zoning Ordinance (Chapter 325 of this Code).
A.
Aboveground tanks. The limits referred to in the State
Uniform Fire Prevention and Building Code in which storage of flammable
liquids in outside aboveground tanks is prohibited are hereby established
as follows: all portions of the City not described as the Industrial
Zone in the Zoning Ordinance[1] of the City and lying west of the east shore branch of
the Lehigh Valley Railroad between Cascadilla Creek on the north and
West Clinton Street on the south.
B.
New bulk plants. The limits referred to in the State
Uniform Fire Prevention and Building Code in which new bulk plants
for flammable liquids are prohibited are hereby established as follows:
all that portion of the City not described as the Industrial Zone
in the Zoning Ordinance[2] of the City and lying west of the east shore branch of
the Lehigh Valley Railroad between Cascadilla Creek on the north and
West Clinton Street on the south.
The limits referred to in the State Uniform
Fire Prevention and Building Code in which bulk storage of liquefied
petroleum gas is restricted are hereby established as follows: all
that portion of the City not described as the Industrial Zone in the
Zoning Ordinance[1] of the City and lying west of the east shore branch of
the Lehigh Valley Railroad between Cascadilla Creek on the north and
West Clinton Street on the south.
[Added 4-4-2007 by Ord. No. 2007-3]
A.
Inspections required. Firesafety and property maintenance
inspections of buildings and structures as required by 19 NYCRR 1203
shall be performed by the Chief of the Fire Department or the Chief's
Designee at the following intervals:
(1)
Firesafety and property maintenance inspections of buildings or structures which contain an area of public assembly shall be performed at least once every 12 months as required in § 181-9 by the Fire Department.
(2)
Firesafety and property maintenance inspections of
buildings or structures being occupied as dormitories shall be performed
at least once every 12 months.
(3)
Firesafety and property maintenance inspections of all multiple dwellings not included in Subsection A(1) or (2) shall be performed at least once every 36 months.
(a)
The code enforcement officials of the Building Department shall perform firesafety and property maintenance inspections of multiple dwellings inspected per the requirements of Chapter 210.
(b)
Buildings or structures with mixed occupancies containing residential dwelling units and nonresidential buildings, structures, uses and occupancies shall be inspected by the Fire Department, except those areas of the building or structure inspected per the requirements of Chapter 210 by the Building Department.
B.
Inspections permitted. In addition to the inspections required by § 181-16A, a firesafety and property maintenance inspection of any building, structure, use, or occupancy, or of any dwelling unit, may also be performed by the code enforcement official at any time upon:
(1)
The request of the owner of the property to be inspected
or an authorized agent of such owner;
(2)
The receipt by the code enforcement official of a
written statement alleging that conditions or activities failing to
comply with the Uniform Code or Energy Code exist; or
(3)
The receipt by the code enforcement official of any
other information, reasonably believed by the code enforcement official
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. Nothing in this subdivision 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.
C.
Fees
(1)
The Chief of the Fire Department or the Fire Marshal
shall promulgate a fee schedule applicable to inspections required
herein. Fees established in the fee schedule shall reasonably reflect
the cost of receiving, investigating, processing and issuing each
of said inspections.
(2)
Such schedule and any changes proposed thereto shall
be submitted to the Common Council for adoption prior to collection
of such fees.
(3)
The fee schedule shall be posted at the Fire Chief's
office and distributed to any interested parties
[Amended 4-4-2007 by Ord. No. 2007-3]
Pursuant to § 506 of the Fire Code
of New York State, the regulations pertaining to key boxes shall be
as follows:
A.
A key box for storing building keys shall be obtained
and affixed on certain premises as described herein. Such key box
shall be as prescribed by the Fire Department and shall be obtained
in the manner established by the Fire Department.
B.
Key boxes shall be required for all new and existing
buildings, other than one- or two-family dwellings, that have fire
alarm and/or fire detection systems that are or will be interconnected
with the Fire Department. Alarm system interconnects include but are
not limited to municipal fire alarm, radio, telephone leased line,
telephone dialer or central station systems.
C.
Key boxes shall be affixed to structures in the manner
detailed by the manufacturer and in the location established by the
Fire Department.
D.
The owner of a building required to have a key box
shall provide two identical copies of the key or keys required for
entry into the building and associated tenant spaces. Keys within
the key box shall be replaced at any time the locks of the building
or tenant spaces are changed. The owner of the building shall contact
the Fire Department to schedule any changes required of the contents
of the key box.
All costs incurred by the City of Townsville
as a result of operations of its respective departments in mitigating
and/or recovering from a hazardous material spill, discharge, release
or other eventuality requiring response and action by the City shall
be recoverable by the City of Townsville. Such costs shall be recoverable
from the owner, agent, shipper or other party having responsibility
for the material(s) causing the hazardous situation. For the purposes
of this section, "hazardous materials" shall have the meaning provided
for in the Uniform Fire Prevention and Building Code.
A.
The owner and/or manager of any nonresidential premises
using an unattended guard dog to provide security shall register with
both the Police and Fire Departments. Such registration shall include
the number and breed of dog(s) in use, the days and times such dog(s)
is (are) unattended on the premises and the name(s) of the owner(s)
and/or handler(s) and methods of contacting them. Additionally, the
registration shall include a floor plan of the premises with dog patrol
areas designated.
B.
The owner/manager of such premises shall file a release
that shall indemnify the City of Townsville from liability for harm
or damage to the dog(s) or the premises caused by any act or omission
on the part of the Police or Fire Department as a result of the presence
of guard dogs on the premises.
C.
The owner/manager of such premises shall notify the
Police and Fire Departments at such time as a guard dog(s) is (are)
no longer employed at and is (are) removed from those premises.
[Amended 4-4-2007 by Ord. No. 2007-3]
A.
Installation requirements.
(1)
Fire alarm and detection systems shall be installed
as per the requirements of the Uniform Fire Prevention and Building
Code.
(2)
Fire alarm and detection systems shall be installed
by or under the direct supervision of licensed electricians licensed
by the City of Townsville or by those demonstrating equivalent license
reciprocity as provided for in this code.
(3)
The City Electrical Inspector shall, upon application
by the installing electrician or the owner of the premises, make the
rough-in inspection of such system as has been installed to ensure
compliance with the provisions of the National Electrical Code (NFPA
70), the edition referenced in the Fire Code of New York State, as
it applies to said system.
(4)
The Fire Department shall, upon application by the
installing electrician or the owner of the premises, make the rough-in
inspection of such system as has been installed to ensure compliance
with the provisions of the Uniform Code of New York State.
(5)
Following complete testing of the system by the installer,
the installer shall cause a certification of system installation and
operation to be executed prior to the Fire Department making observations
of acceptance testing. This certification shall be made on forms provided
by the Fire Department.
(6)
The Fire Department shall observe acceptance testing
per the provisions of the Uniform Code of New York State.
B.
System design.
(1)
All fire alarm and/or detection systems shall be provided
with adequate zone reporting capacity to ensure rapid and efficient
location of the source of the alarm by the Fire Department. During
plan review, the Fire Department shall specify zone reporting assignments
for the proposed system.
(2)
Fire alarm and/or detection system control panels
shall be capable of isolating each zone from the panel so that defective
or impaired devices or systems causing alarms may be isolated and
repaired without requiring the remainder of the system to be shut
down.
(3)
Required Fire Department interconnects shall be provided by connection to the municipal alarm system by installation of a radio transmitter alarm system or, for the purpose of compliance with Chapter 210, Housing Standards, by installation of a listed digital alarm communicator transmitter approved by the Fire Department. All other Fire Department interconnects must be approved by the Fire Department prior to installation.
C.
System operation.
(1)
Should a fire alarm/detection system cause numerous
false alarms in such a way that the safety of the occupants, fire
fighters or any other persons or property is imperiled, the Fire Chief
is hereby empowered to order disconnection of such alarm system until
such time as the problem is resolved. During such time when any required
system is disconnected, alternate protection shall be provided, as
specified by the Fire Chief, or the building shall be vacated.
(2)
The owner/operator of any premises with a required
fire alarm/detection system must notify the Fire Department whenever
the system must be made inoperative for maintenance or repair. The
Fire Department must be renotified when the system is restored. In
no event is a required system permitted to be rendered inoperative
without alternative means of protection, acceptable to the Fire Department,
being provided.
[Amended 4-4-2007 by Ord. No. 2007-3]
A.
There shall be three categories of penalties for violations
of the Municipal Fire Prevention Code or for violations within the
City of Townsville of those portions of the New York State Uniform
Fire Prevention and Building Code which pertain to firesafety or fire
prevention. The categories shall be:
(1)
Violation with discretionary fines. Any person who
shall violate any provision of the Uniform Code of New York State
shall be guilty of a violation as defined in Article 10 of the Penal
Law. The maximum penalty shall be a fine of $500 for each section
of the code which is violated and for each day on which the violation
exists. Each day on which a person continues to violate said code
is considered a separate violation.
(2)
Violation with mandatory fine. Any person who shall
violate or fail to comply with any order of the Fire Chief or the
designated Fire Code enforcement officer shall be guilty of a violation
as defined in Article 10 of the Penal Law, punishable by a fine of
not less than $250 for each day on which the violation exists and
not more than $1,000 for each day on which the violation exists or
a sentence of imprisonment not to exceed 30 days. Each day on which
a person continues to violate said order is considered a separate
violation.
(3)
Misdemeanors. If injury occurs to any person or to
property as the result of any violation of any provision of the Fire
Code of New York State or of any provision of this chapter, the person
who violated the provisions shall be guilty of a misdemeanor, punishable
by a fine of not less than $500 and not more than $1,000 for each
separate violation of the code and for each day on which the violation
exists and further punishable by imprisonment for not more than one
year. Each day on which a person continues to violate the code is
considered a separate violation.
B.
The imposition of a penalty for any violation of the
fire codes shall not excuse the violation or permit it to continue,
nor shall the imposition of a penalty prevent the enforced removal
of prohibited conditions.
[Amended 5-4-2005 by L.L. No. 1-2005]
The Chief of the Fire Department, the Deputy
Chief, and other Fire Department personnel designated by the Chief
of the Fire Department shall have the authority, as provided by Municipal
Home Rule Law § 10(4)(a), to issue appearance tickets, in
accordance with Article 150 of the New York State Criminal Procedure
Law, to enforce any statute, local law, or ordinance, rule, or regulation
with regard to fire prevention and/or safety and shall also have the
authority to issue appearance tickets for any parking violations related
to fire prevention, public health and/or safety.
