Town of Lyons, NY
Wayne County
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[HISTORY: Adopted by the Town Board of the Town of Lyons. Amendments noted where applicable.]
A. 
General. Where the Fire Chief or Code Enforcement Officer has determined that a facility using, handling, or storing flammable hazardous materials requires specialized fire-extinguishing agents, it shall be the responsibility of the owner or operator to provide the suitable fire control agents, including but not limited to fire-fighting foam or chemical extinguishing agents. The fire control agents shall be supplied in sufficient quantity to allow for effective fire suppression, and shall be replaced or replenished as necessary to continuously protect the hazard. Fire control agents may be stored on the premises, at one or more fire stations, or on fire apparatus. Fire protection water supplies shall be adequate to allow for the application of fire-fighting foam at the required rate.
B. 
Propane facilities. A written fire safety analysis, per NFPA 58 (Liquefied Petroleum Gas Code), shall be developed for all new and existing LP gas installations that have an aggregate water capacity of more than 4,000 gallons. The fire safety analysis shall be updated when the storage capacity or transfer system is modified. The fire safety analysis shall be submitted by the owner, operator, or his/her designee to the Code Enforcement Officer and Fire Prevention Bureau.
C. 
Storage of hazardous materials. The Code Enforcement Officer may require the separation or isolation of any hazardous materials that have incompatible fire-fighting requirements.
D. 
Precautions against flash fire. Highly combustible material, that is likely to produce a flash fire, shall not be stored near an opening in a fire barrier or fire wall, as the flash fire might communicate through the opening before the protective device could operate.
E. 
Dumpsters and self-contained compactor containers. Refuse containers requiring mechanical assistance to be moved shall be provided with a means of access to their interior without disconnecting from a compactor unit or they shall have a minimum port opening of two inches in diameter through which water may be introduced for extinguishing a fire. The port opening shall be labeled "fire hose port" or similar wording. Refuse containers which are not part of a compactor unit shall not be required to have the additional openings or hose connections for fire extinguishment, if they are provided with a cover to make the contents accessible during fire-fighting operations.
F. 
Fire loads. The Code Enforcement Officer is authorized to adopt rules and regulations for the purpose of governing transient fire loads within buildings.
Fire exits in existing buildings shall comply with the building code that applied at the time of construction. Existing buildings that were not required to comply with a building code at the time of construction shall comply with the minimum egress requirements specified below:
A. 
At least two exit routes shall be available in a building to permit prompt evacuation of building occupants during an emergency, except where a single exit route is permitted by the Uniform Code.
B. 
Every existing structure in which the means of egress are, in the opinion of the Code Enforcement Officer, inadequate for the safety of the occupants shall be provided with means of egress or means of escape as directed by the Code Enforcement Officer.
C. 
In the event that a building, facility or occupancy is determined to have an impractical evacuation capability, additional fire protection equipment, procedures and/or construction shall be provided to mitigate the hazard to life. The term "impractical evacuation capability" shall mean the documented inability of occupants to evacuate or reach a place of safety within 13 minutes.
D. 
In addition to any other emergency plans required by the Uniform Code, every employer with more than 10 employees shall have written fire prevention and emergency action plans (as required by 29 CFR Part 1910).
E. 
The Code Enforcement Officer shall establish minimum requirements for the contents and posting of evacuation floor plans. Where evacuation floor plans and written fire prevention and emergency action plans are required or provided, copies of such plans shall be provided to the Fire Department and Code Enforcement Officer.
F. 
Where required by the Code Enforcement Officer, approved floor markings shall be provided to ensure that exit routes and safe clearances from equipment are maintained.
A. 
Open fires in the Town Center District shall comply with Chapter 300, Zoning, Part 5, § 300-5.16, Outdoor fires.
B. 
Open fires shall be further governed by applicable provisions of New York State Department of Environmental Conservation laws and regulations, and the New York State Uniform Fire Prevention and Building Code.
C. 
The Code Enforcement Officer is authorized to require and issue open burning permits for all open fires other than recreational campfires. There shall be no fee for such permits.
D. 
Live fire training. Fire training, including fire fighting, fire rescue, and fire/arson investigation training, shall be performed under applicable rules and guidelines of the New York State Department of State's Office of Fire Prevention and Control. For fire training performed on acquired structures, the structures must be emptied and stripped of any material that is toxic, hazardous or likely to emit toxic smoke prior to burning and must be at least 300 feet from other occupied structures. No more than one structure per lot or within a thirty-foot radius (whichever is larger) may be burned in a training exercise. Live fire training should conform to NFPA 1403 (Standard on Live Fire Training Evolutions). Preparations for live fire training in acquired structures shall include, but not be limited to:
(1) 
Inspection of the building and premises by the Fire Chief and Code Enforcement Officer for the purpose of identifying hazards to firefighters and unsafe conditions.
(2) 
Proof of insurance cancellation or a signed statement of nonexistence of insurance shall be provided by the owner of the structure.
(3) 
Flammable and hazardous materials shall be removed from the structure.
(4) 
Hydrocarbon fuel tanks and similar closed vessels shall be empty, and shall be either removed or vented sufficiently to prevent an explosion or overpressure rupture.
(5) 
Bracket chimneys and dangerous portions of any chimney shall be removed.
(6) 
Utilities shall be disconnected.
(7) 
Noxious weeds that could present a hazard shall be removed.
(8) 
Demolition and/or open burning permits shall be issued.
Where any fire barriers, fire compartments or fire walls are not maintained and do not function as intended or do not have the fire resistance required by the code under which the building was constructed, remodeled or altered, such component(s) or portion thereof shall be deemed an unsafe condition. Components or portions thereof determined to be unsafe shall be repaired or replaced to conform to that code under which the building was constructed, remodeled, altered, or the Uniform Code, as deemed appropriate by the Code Enforcement Officer. Where the extent of the conditions of components is such that any building, structure or portion thereof presents an imminent danger to the occupants of the building, structure or portion thereof, the building shall be deemed a dangerous building.
A. 
No person shall knowingly maintain a fire hazard.
B. 
The term "fire hazard" shall mean any situation, process, material, condition or act which the Code Enforcement Officer, Fire Chief or other qualified inspector, on the basis of applicable data, recognizes as liable to contribute to the start of a fire or that would increase the extent or severity of a fire, or which in the event of fire may obstruct, delay, hinder or interfere with the operations of the Fire Department or the egress of occupants.
A. 
Where required. The following structures and facilities shall be equipped with a key lock box located in accordance with Subsection B:
(1) 
All buildings having an automatic fire alarm, detection or suppression system.
Exception: one- and two-family dwellings identified by the Uniform Code.
(2) 
All commercial and industrial properties protected by fences, gates and related barriers presently secured by padlock, electronically operated or automatic gates, or other control circuits.
(3) 
Multiple dwellings where two or more dwelling or rooming units share a common entrance that is normally kept locked.
B. 
Location. The key lock box shall be located at or near the main entrance to the building or property. It shall be mounted at a height of six feet above final grade, or as designated by the Fire Chief.
C. 
Key lock box contents. The key lock box shall contain labeled keys, easily identified in the field, to provide access into the property and/or building, for roof access, and access to any locked areas within said facility as may further be directed by the Fire Chief or Code Enforcement Officer.
D. 
Compliance. All existing buildings shall comply with the provisions of this section within six months of its effective date. All newly constructed buildings, not yet occupied, or buildings currently under construction, shall comply with the terms hereof prior to the issuance of the certificate of occupancy.
E. 
Special definitions. As used in this section, the following terms shall have the meanings indicated:
FIRE DEPARTMENT MASTER KEY
A limited-issue key of special or controlled design to be carried by Fire Department officials in command which will open key boxes on specified properties.
KEY BOX (LOCK BOX)
A secure device with a lock operable only by a Fire Department master key, and used to store building entry keys, pre-incident plans and/or related data.
This section applies to automatic fire, burglar and medical alarms requiring response by emergency personnel.
A. 
No person shall allow, permit, cause or fail to prevent the activation for any reason of more than three nuisance alarms within any six-month period. The activation of more than three nuisance alarms is excessive, constitutes a public nuisance and shall be prohibited.
B. 
The Fire Chief, in the case of alarms responded to by the Fire Department, shall determine whether a nuisance alarm has occurred and the frequency of such nuisance alarms.
C. 
In the event of four or more nuisance alarms within any six-month period, the Fire Chief, Code Enforcement Officer, or their designated agents are authorized to disconnect such alarm system from notifying emergency personnel. In the event of a disconnection, the Building Department, Fire Department, or any official having the authority to disconnect shall not be liable for any damages that may result.
D. 
Alarm systems that have been disconnected or bypassed due to nuisance alarms shall be serviced immediately by a competent service technician.
E. 
An alarm user shall be given a thirty-day grace period from the date the alarm is installed or a substantial change in the system is made, during which time nuisance alarms will not be counted.
F. 
Audible alarms.
(1) 
All audible alarms which may be heard in a public place shall be equipped and maintained to become deactivated and silenced automatically after a period of time not to exceed 30 minutes, except for fire alarms and other alarms required by law to sound longer.
(2) 
The emergency response agency may disable an audible alarm that has not been silenced after the thirty-minute period and shall not be liable for any injuries or damage that may result.
G. 
Systems out of service. The Building Department shall have the authority to require an inspection and test of any fire alarm system that has been out of service for 30 days or more before being restored back into service.
H. 
Exemption. This section shall not apply to any alarms attached to motor vehicles.
I. 
Special definitions. As used in this section, the following terms shall have the meanings indicated:
ALARM or ALARM SYSTEM
Any device which is used in a building, place or premises for the detection of unauthorized entry, burglary, fire, rescue or any other emergency and which when activated emits a sound, signal or message to alert others, whether such sound, signal or message is emitted on or off premises. Carbon monoxide or gas detection devices are considered alarm systems for purposes of this chapter.
NUISANCE ALARM
Any alarm caused by mechanical failure, malfunction, improper installation, lack of proper maintenance, negligence, or any alarm activated by a cause that cannot be determined.
A. 
Any person who shall violate any provision of this chapter shall be subject to the applicable penalties under Chapter 300, Zoning, of the Town Code and shall be liable to a civil penalty of $50 for each day or part thereof during which such violation shall be continued.
B. 
Any violation notice and order to remedy issued in regard to enforcement of any provision of this chapter shall be served personally or by first class mail. If a mailed notice or order is returned as undeliverable, a true copy of said notice or order shall be posted in a prominent location on the premises.