[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.
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.
FIRE DEPARTMENT MASTER KEY
KEY BOX (LOCK BOX)
Special definitions. As used in this section, the following terms
shall have the meanings indicated:
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.
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.
ALARM or ALARM SYSTEM
NUISANCE ALARM
Special definitions. As used in this section, the following terms
shall have the meanings indicated:
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.
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.
