A.
The office of the Fire Marshal is hereby created. The Fire Marshal shall administer and enforce all the provisions of the Fire Code, and the Codes Officer shall administer the Property Maintenance Code, and Article III of this chapter. The Fire Marshal shall have the following powers and duties:
(1)
To receive, review, and approve or disapprove applications for certificates
of compliance and operating permits, and the plans, specifications
and construction documents submitted with such applications;
(2)
Upon approval of such applications, to issue certificates of compliance
and operating permits, and to include in the certificates of compliance
and operating permits such terms and conditions as the Fire Marshal
may determine to be appropriate;
(3)
To conduct inspections to be made prior to the issuance of certificates of compliance and operating permits, firesafety and property maintenance inspections, inspections incidental to the investigation of complaints, and all other inspections required or permitted under Article III of this chapter;
(4)
To issue stop-work orders;
(5)
To review and investigate complaints;
(6)
To maintain records;
(7)
To collect fees as set by the Town of Lenox;
(8)
To pursue administrative enforcement actions and proceedings;
(9)
In consultation with the Town Attorney, to pursue such legal actions
and proceedings as may be necessary to enforce the Fire Code, and
Property Maintenance Code and this chapter, or to abate or correct
conditions not in compliance with the Fire Code, the Property Maintenance
Code and this chapter; and
(10)
To exercise all other powers and fulfill all other duties conferred
upon the Fire Marshal by this chapter.
B.
The Fire Marshal shall be appointed by the Town of Lenox Supervisor
and approved by the Town of Lenox Board. The Fire Marshal shall possess
background experience related to fire prevention and shall, within
the time prescribed by law, obtain such basic training, in-service
training, advanced in-service training and other training as the State
of New York shall require for code enforcement personnel, and the
Fire Marshal shall obtain certification from the State Fire Administrator
pursuant to the Executive Law and the regulations promulgated thereunder.
C.
In the event that the Fire Marshal is unable to serve as such for
any reason, the Town of Lenox Code Enforcement Officer shall serve
as Acting Fire Marshal. The Acting Fire Marshal shall, during the
term of his or her appointment, exercise all powers and fulfill all
duties conferred upon the Fire Marshal by this chapter.
The chief of any Fire Department providing firefighting services
for a property within the Town of Lenox shall promptly notify the
Code Enforcement Officer and the Fire Marshal of any fire or explosion
involving any structural damage, fuel-burning appliance, chimney or
gas vent.
A.
Operating permits required.
(1)
Operating permits shall be required for conducting the activities
or using the categories of buildings listed below:
(a)
Manufacturing, storing or handling 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.l;
(b)
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 waste handling;
(c)
Use of pyrotechnic devices in assembly occupancies;
(d)
Building containing one or more areas of public assembly with
an occupant load of 100 persons or more; and
(e)
Building whose use of occupancy classification may pose a substantial
potential hazard to public safety, as determined by resolution adopted
by the Town of Lenox Board.
B.
Application for operating permits. An application for an operating
permit shall be in writing on a form proved by or otherwise acceptable
to the Fire Marshal. Such application shall include such information
as the Fire Marshal deems sufficient to permit a determination by
the Fire Marshal that quantities, materials, and activities conform
to the requirements of the Fire Code. If the Fire Marshal determines
that tests or reports are necessary to verify conformance, such tests
or reports shall be performed or provided by such person or persons
as may be designated by or otherwise acceptable to the Fire Marshal
at the expense of the applicant.
C.
Inspections. The Fire Marshal or an inspector authorized by the Fire
Marshal shall inspect the subject premises prior to the issuance of
an operating permit.
D.
Multiple activities. In any circumstance in which more than one activity listed in Subsection A of this section is to be conducted at a location, the Fire Marshal may require a separate operating permit for each such activity, or the Fire Marshal may, in his or her discretion, issue a single operating permit to apply to all such activities.
E.
Duration of operating permits. Operating permits shall remain in
effect until reissued, renewed, revoked or suspended.
F.
Revocation or suspension of operating permits. If the Fire Marshal
determines that any activity or building for which an operating permit
was issued does not comply with any applicable provision of the Uniform
Code, such operating permit shall be revoked or suspended.
G.
Fee. The fee specified in or determined in accordance with the provisions
set forth must be paid at the time of submission of an application
for an operating permit, for an amended operating permit, or for reissue
or renewal of an operating permit.
A.
Inspections required. Firesafety and property maintenance inspections
of buildings and structures shall be performed by the Fire Marshal
or an inspector designated by the Fire Marshal at the following intervals:
(1)
Firesafety and property maintenance inspection of buildings or structures
which contain an area of public assembly shall be performed at least
once every 12 months.
(2)
Firesafety and property maintenance inspection of buildings or structures
being occupied as dormitories shall be performed at least once every
12 months.
B.
Inspections permitted. In addition to the inspections required by Subsection A of this section, a firesafety and property maintenance inspection of any building, structure, use, or occupancy, or of any dwelling unit, may also be performed by the Fire Marshal or an inspector designated by the Fire Marshal at any time upon the request of the owner of the property to be inspected or an authorized agent of such owner; receipt by the Fire Marshal of a written statement alleging that conditions or activities failing to comply with the Fire Code or Property Maintenance Code exist; or receipt by the Fire Marshal of any other information, reasonably believed by the Fire Marshal to be reliable, giving rise to reasonable cause to believe that conditions or activities failing to comply with the Fire Code or Property Maintenance 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.
C.
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 Fire Marshal shall not perform firesafety and property maintenance
inspection of a building or structure which contains an area of public
assembly if OFPC performs firesafety and property maintenance inspection
of such building or structure at least once every 12 months;
(2)
The Fire Marshal shall not perform firesafety and property maintenance
inspections of a building or structure occupied as a dormitory if
OFPC performs firesafety and property maintenance inspections of such
building or structure at least once every 12 months;
(3)
The Fire Marshal shall not perform firesafety and property maintenance inspections of a multiple dwelling not included in Subsection A(1) or (2) of this section if OFPC performs firesafety and property maintenance inspections of such multiple dwelling at intervals not exceeding the interval specified in Subsection A(3) of this section; and
(4)
The Fire Marshal shall not perform firesafety and property maintenance inspections of a nonresidential building, structure, use or occupancy not included in Subsection A(1) or (2) of this section if OFPC performs firesafety and property maintenance inspections of such nonresidential building, structure, use or occupancy at intervals not exceeding the interval specified in Subsection A(3) of this section.
