City of Rochester, NY Article II Administration and Enforcement

§ 54-4 Right of entry for inspections.

A. Power and authority to inspect. The Fire Chief, the Fire Marshal, or any member of the Department who is an officer, code enforcement officer or building safety inspector may cause, in the administration and enforcement of the Fire Prevention Code and all other applicable laws, to make inspections of all premises, as often as may be necessary for the purpose of ascertaining and causing to be corrected any violations of the provisions of the laws, ordinances or rules which the Department enforces.

B. Warrants. The Fire Chief and the Fire Marshal shall each have the authority to seek inspection warrants, pursuant to Article I, Part B, of the Charter of the City of Rochester, Judicial Warrants for Inspections of Premises, where the same are constitutionally required.

§ 54-5 Inspections for compliance.

A. Inspections required. It shall be the duty of the Fire Marshal or his or her designee to inspect or cause to be inspected:

(1) Buildings or structures which contain an area of public assembly at an interval not greater than once every 12 months.

(2) Premises required to have an operating permit pursuant to § 54-7, upon receipt of a complete application for said permit and thereafter at an interval not greater than once every 12 months.

(3) Multiple dwellings not included in Subsection A(1) or (2) of this section, and all nonresidential buildings, structures, uses and occupancies not included in Subsection A(1) or (2) of this section, at an interval not greater than once every 36 months.

(4) Buildings or structures being occupied as dormitories at an interval not greater than once every 12 months.

B. Inspections permitted. In addition to the inspections required by Subsection A of this section, a fire safety and property maintenance inspection of any building, structure, use, or occupancy, or of any dwelling unit, may also be performed upon:

(1) Request of the property owner or the authorized agent of such owner:

(2) Receipt of a written statement alleging that conditions or activities fail to comply with the Uniform Code exist; or

(3) Receipt of any other information, reasonably believed to be reliable, that there are conditions or activities that fail to comply with the Uniform Code.

Provided, however, that 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.

§ 54-6 Recordkeeping.

The Fire Marshal shall keep official records of all activities and transactions of his or her office.

§ 54-7 Operating permits.

A. Operating permits shall be required prior to conducting any activities or operating any type of building or structure listed in the New York Codes, Rules and Regulations (NYCRR) as requiring an operating permit [presently 19 NYCRR § 1203.3(g)]. Such operating 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 may require a new operating permit.

B. Before an operating permit may be issued, the premises shall be inspected pursuant to § 54-5. In cases where laws or regulations enforceable by departments other than the Fire Safety Division 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 Fire Safety Division in such form and detail as it shall prescribe. Applications for operating permits shall be accompanied by such plans, drawings, and condition assessment reports as required by the Fire Safety Division. Operating permits shall be issued by 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 officer of the Fire or Police Department or the Department of Neighborhood and Business Development.

E. A single operating permit may apply to more than one hazardous activity.

§ 54-8 Suspension or revocation of operating permits.

The Fire Marshal or his or her designee may suspend or revoke an operating permit if any violation of the Fire Prevention 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 operating permit was based.

§ 54-9 Fees.

A. Fees for the issuance of operating permits and certificates shall be collected by the City Clerk, and checks and money orders shall be made payable to the City Treasurer.

B. Operating permits pursuant to § 54-7 shall be issued annually, and the annual fees for such permits shall be as follows:

(1) Tire recapping or rebuilding plant: $200.

(2) Automobile wrecking yard, junkyard or waste material handling plant: $200.

(3) Nitrate motion-picture film stored, kept or had on hand in quantities greater than 25 pounds (about 5,000 feet of thirty-five-millimeter film): $200.

(4) Cellulose nitrate plastics (pyroxylin) stored or handled in quantities greater than 25 pounds: $200.

(5) Cellulose nitrate plastics (pyroxylin) manufactured into products or used in the manufacture or assembly of other articles: $200.

(6) Combustible fibers stored or handled in quantities exceeding 100 cubic feet: $95.

(7) Dry-cleaning operations:

(a) Class I system, liquids having a flash point below 100° F. (37.8° C.): prohibited.

(b) Class II system, liquids having a flash point at or above 100° F. (37.8° C.) and below 140° F. (60° C.): $200.

(c) Class IIIA system, liquids having a flash point at or above 140° F. (60° C.) and below 200° F. (93.4° C.): $200.

(d) Class IIIB system, liquids having a flash point at or above 200° F. (93.4° C.): $160.

(e) Class IV system, liquids classified as nonflammable: $120.

(8) Dust-producing operation: $160.

(9) Explosives or blasting agents manufactured, possessed, stored or sold or otherwise handling or disposing of these compounds: $200.

(a) Transportation of explosives or blasting agents, per vehicle: $95.

(10) Flammable and combustible liquids.

(a) Class I, II, and III flammable and combustible liquids, as defined by NFPA 30, stored, handled or used (not otherwise covered under Chapter 77, Oil Burners, or gasoline service stations and bulk plants):

[1] Storage in any building of more than six gallons of flammable liquid or more than 25 gallons of combustible liquid: $95.

[2] Storage outside of a building of more than 10 gallons of flammable liquid or more than 60 gallons of combustible liquid: $95.

[3] Paints, oils and varnishes stored more than 30 days: $95.

(b) Flammable liquids storage and combustible liquids, storage in stationary tanks, including bulk plants (not otherwise covered in gasoline service stations, and Chapter 77, Oil Burners, of the Municipal Code):

[1] First 50,000 gallons: $95.

[2] Second 50,000 gallons: $95.

[3] Third and fourth 50,000 gallons (each): $95.

[4] Each additional 100,000 gallons or fraction thereof: $95.

[5] Each dispensing unit: $40.

(c) Flammable liquids and combustible liquids, manufactured, processed, blended or refined: $200.

(d) Flammable liquids and combustible liquids, stored in drums for the purpose of manufacture, storage or sale:

[1] Maximum of 10 drums: $95.

[2] Exceeding 10 drums: $200.

(e) Spraying or dipping operations using more than one gallon of flammable or combustible liquids in any one working day: $95.

(11) Fumigation room, vault or chamber using a toxic or flammable fumigant: $160.

(12) Hazardous chemical storage or handling:

(a) More than 2,000 cubic feet of flammable compressed gas: $200.

(b) More than 6,000 cubic feet of nonflammable compressed gas: $160.

(c) More than 55 gallons of corrosive liquids: $95.

(d) More than 50 pounds of oxidizing materials: $95.

(e) More than 10 pounds of organic peroxides: $95.

(f) More than 50 pounds of nitromethane: $95.

(g) More than 1,000 pounds of ammonium nitrate, ammonium nitrate fertilizers and fertilizer mixtures: $200.

(h) Any amount of highly toxic material: $95.

(i) Any amount of poisonous gas: $95.

(j) More than one microcurie of radium (not contained in a sealed source): $95.

(k) More than one millicurie of radium or other radioactive material (in sealed source): $95.

(l) Any amount of radioactive material for which a license from the United States Nuclear Regulatory Commission is required: $95.

(m) More than 100 pounds of carbon dioxide used in beverage dispensing: $95.

(13) Lumber storage in excess of 100,000 board feet: $200.

(14) Magnesium or similar materials being melted, cast, heat-treated, machined or ground in quantities of more than 10 pounds per working day: $200.

(15) Matches:

(a) Manufacture of: $200.

(b) Storage in excess of 25 cases: $95.

(16) Each oven or kiln (industrial or commercial baking/drying) operation and/or commercial cooking system: $85 per location; provided, however, that the said fee shall be waived for commercial ovens and cooking systems for the 2021 licensing year commencing May 1, 2021, and ending April 30, 2022.

[Amended 7-20-2021 by Ord. No. 2021-233]

(17) Combustible material storage in excess of 2,500 cubic feet gross volume: $120.

(18) Acetylene and other flammable gas usage in connection with welding or cutting: $95.

(19) Calcium carbide storage in excess of 200 pounds: $200.

(20) Acetylene generator with carbide capacity exceeding five pounds: $200.

(21) Liquefied petroleum gas container(s) installed, handled or used in all buildings, structures or properties (except residential):

(a) Water capacity of 1,000 gallons or more: $145.

(b) Less than 1,000 gallons' water capacity: $95.

(22) Gasoline service stations:

(a) Each 10,000 gallons, or part thereof, of storage capacity: $95.

(b) Each dispensing unit: $30.

(23) Private plants:

(a) Each 10,000 gallons, or part thereof, of storage capacity: $95.

(b) Each dispensing unit: $30.

(24) Supervising stations: no fee.

(25) Places of assembly (when a City license is not also required):

(a) Capacity of 100 to 249: $30.

(b) Over capacity of 249: $60.

(26) Parking garages: $200.

C. Permits shall be required for the following activities, and fees shall be as follows:

(1) Setting off or discharging explosives (per job, not to exceed one year per permit): $200.

(2) Delivering explosives or blasting agents to a terminal between the hours of sunset and sunrise (per delivery): $95.

(3) Fumigation or thermal insecticidal fogging (per building): $200 for commercial buildings and $40 for residential buildings.

(4) Bowling pin refinishing, involving use of flammable liquids or materials (per 50 pins): $95.

(5) Bowling alley resurfacing operations, involving use of flammable liquids or materials (per alley): $40.

(6) Any roof repair or replacement using any form of heat-generating equipment or process (per job): $95.

(7) Setting off fireworks: $145.

D. Certificates of fitness for individuals and certificates of registration for businesses shall be required for the performance of the following activities. Such certificates shall be issued annually, and the annual fees shall be as follows:

(1) For the certificate of fitness required by all persons storing, transporting, setting off or discharging explosives:

(a) Examination fee: $35.

(b) Original certificate: $135.

(c) Renewal of certificate: $80.

(2) Pump and tank installation, removal, alteration or repair:

(a) Examination fee: $35.

(b) Original certificate: $135.

(c) Renewal of certificate: $80.

(d) Certificate of registration for business: $145.

(3) Installing, charging, filling, maintaining, recharging, refilling, repairing and testing rechargeable fire extinguishers:

(a) Examination fee: $35.

(b) Original license: $100.

(c) Renewal of certificate license: $70.

(d) Apprentice permit: $70.

(e) Certificate of registration: $145.

(f) Hydrostatic testing: $70.

E. For inspections and details on Saturdays, Sundays, holidays or outside the regular working hours of inspectors, the rate shall be the overtime pay rate of the inspector. A minimum of four hours may be charged if the inspector was called in and/or has no other inspections during the four hours.

F. Training. The following fees shall be charged for training:

(1) Fire extinguisher/fire workplace safety training: $20 per person.

(2) CPR training: $35 for basic, $45 for AED, and $65 for health care providers, per person.

G. Alarm boxes. There shall be an alarm box fee of $700 per interior box and $1,000 per exterior box.

H. The Fire Marshal may waive the fees for any building or installation occupied by or operated by the City or other division of government.

§ 54-10 Applications for certificates.

A. The Fire Marshal shall conduct hearings, proceedings or testing concerning applications for certificates required under the Fire Prevention Code.

B. The Fire Marshal shall require applicants for original certificates to pass an examination. The examination shall be written and may be supplemented by practical tests or demonstrations deemed necessary to establish the applicant's knowledge and ability. Reference materials for such examinations shall be provided with the application. Notice of the time and place of each examination shall be given at least 30 days prior to the examination.

C. Examinations administered by outside agencies shall be approved by the Fire Marshal and once approved shall be accepted for establishing eligibility for certificates of fitness.

D. Applications for renewal of certificates shall be made annually.

E. The provisions of Chapter 68 of the Code of the City of Rochester shall be applicable to all licenses and operating permits issued under this article.

F. The Fire Marshal shall revoke, without a hearing, the certificate of any business or person found guilty of five or more violations of this article during any period of two years. Nothing herein shall prevent the Fire Chief from revoking a certificate of any business or person with fewer than five violations, on written charges and an opportunity for a hearing thereon, pursuant to § 68-10 of the Municipal Code.

§ 54-11 Supervising stations.

A. Purpose. The purpose of this section is to regulate the operation of supervising stations in the interest of safeguarding lives and property.

B. Administration. The administration of this section shall be vested in the Fire Chief, who shall have the power to issue the proper rules and regulations to administer this section. The Fire Chief may delegate the administration of any part of this section to the Fire Marshal, as he or she deems necessary.

C. The term "supervising station protective system" or "supervising station" shall mean a system or group of systems operated for their customers by a person, firm or corporation with an operating permit from the City, in which system the operations of electrical protection circuits and devices are transmitted to, recorded in, maintained and supervised from a supervising station having in attendance at all times a minimum of two trained, competent operators that have the duty to take appropriate action upon receipt of a signal or message, including the relaying of messages by direct line to the communications center of the Department.

D. Operating permits.

(1) The Fire Marshal or his or her designee is authorized to grant a revocable operating permit to any person who has established a supervising station. Such operating permit is required for any supervising station to operate in the City of Rochester.

(2) Said operating permit shall be granted upon written application to the Fire Marshal of the City of Rochester and upon the determination that:

(a) The supervising station for which the operating permit application is being made meets all the requirements of the National Fire Protection Association.

(3) The Fire Marshal or his or her designee is authorized to inspect any supervising station prior to granting an operating permit in order to determine if all the requirements of this section have been met and is authorized to inspect any supervising station after an operating permit has been issued at any time, without prior notice to the supervising station, to ensure that all requirements under this section are maintained by the supervising station.

(4) In the event that the Fire Marshal or his or her designee determines under Subsection D(3) of this section that the requirements under the Fire Prevention Code of the City of Rochester have not been maintained, the Fire Marshal or his or her designee will notify the person who holds the operating permit for the supervising station that such operating permit will be revoked within 30 days unless the violations are corrected, prior to such thirty-day period, to the satisfaction of the Fire Marshal or his or her designee.

§ 54-12 Approval of plans.

Plans shall be approved by the Fire Marshal or his or her designee if they comply in all respects with the Fire Prevention Code and the Uniform Code. However, the approval of plans containing omissions or errors shall not relieve the applicant of complying with all requirements of the Fire Prevention Code and the Uniform Code.

§ 54-13 Liability for damages.

This code shall not be construed to hold the City of Rochester responsible for any damages to persons or property by reason of the inspection or reinspection authorized herein or failure to inspect or reinspect for the operating permit issued as herein provided or by reason of the approval or disapproval of any equipment authorized herein.

§ 54-14 Variance or modification of regulations.

The Board of Review established by Chapter 4 of the Municipal Code shall have the power to vary or modify, in whole or in part, any local provision or requirement of the Fire Prevention Code where practical difficulties or unnecessary hardships may result from the enforcement thereof; provided, however, that any such variance or modification shall be consistent with the spirit of the code and not inconsistent with acts of the New York State Legislature or the Uniform Code. An application for variance or modification of a rule or law shall be made by an aggrieved person within 30 days following the date of the decision sought to be varied or modified. Any action of the Board of Review may be reviewed pursuant to Article 78 of the Civil Practice Law and Rules. Variances, interpretations or modifications to the New York Uniform Code must be sought in accordance with Article 18 of the New York State Executive Law.