[HISTORY: Adopted by the Town Board of the Town of Webster 3-1-2007 by L.L. No. 2-2007[1] (Ch. 124 of the 1991 Code). Amendments noted where applicable.]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The Town Board of the Town of Webster does hereby
adopt the provisions of the New York State Uniform Fire Prevention
and Building Code and makes them applicable to the Town of Webster.
A.
This article shall
provide the basic method for administration and enforcement of the
New York State Uniform Fire Prevention and Building Code and the Property
Maintenance Code of New York State in the Town of Webster and shall
establish powers, duties and responsibilities in connection therewith.
B.
The provisions
of this Code shall apply equally to new and existing conditions, except
that existing conditions not in strict compliance with the terms of
this Code shall be permitted to continue where the exceptions do not
constitute a distinct hazard to life or property in the opinion of
the Fire Marshal or Deputy Fire Marshal.
C.
Whenever the Fire
Marshal or duly authorized assistant deems that a violation, condition
or situation as set forth in this Code constitutes a distinct hazard
to life or public safety, said officer may remove the hazard and/or
order the building or premises immediately closed to the public until
said violation, condition or situation is corrected at the owner's
expense.
A.
There is hereby
designated the position of Fire Marshal to administer and enforce
the New York State Uniform Fire Prevention and Building Code and this
article as it relates to fire prevention, control and investigation
within the Town of Webster. The Fire Marshal shall report to the Commissioner
of Public Works or his/her division heads or agents or designees.
The Fire Marshal shall be appointed from the appropriate civil service
list.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
The Town Board
may appoint such Deputy Fire Marshals or other employees of the Fire
Marshal's Office as it deems necessary for proper administration and
enforcement of this article. Deputy Fire Marshals shall be appointed
on the basis of their technical qualifications and fire service experience.
Deputy Fire Marshals shall report to and be directly responsible to
the Fire Marshal.
C.
The Chiefs of
the various Fire Departments may detail such members of their Fire
Departments as inspectors as shall from time to time be necessary
in the opinion of the Fire Marshal and upon his request therefor.
D.
The Office of
the Fire Marshal shall investigate the cause, origin and circumstances
of every fire occurring in the municipality which is of suspicious
nature or which involves loss of life or injury to persons or by which
property has been destroyed or substantially damaged. Such investigation
shall commence immediately following extinguishment of such fire with
the approval of the fire officer in charge, and, if it appears that
such fire is of suspicious origin, the Chief of the Fire Department
shall be immediately notified of the facts. The Office of the Fire
Marshal shall preserve immediately any physical evidence and shall
notify the proper authorities in the collection of evidence and the
prosecution of the case. The foregoing shall be without prejudice
to the right directly and to turn over the evidence gathered at the
scene of the fire to such authorities.
E.
Every structure
fire shall be reported to the Office of the Fire Marshal after the
occurrence of the same as soon as practicable by the fire officer
in charge. Furthermore, the Office of the Fire Marshal shall be notified
upon the occurrence of a working fire as soon as possible.
F.
A report of the
Office of the Fire Marshal shall be made monthly and annually and
transmitted to the Village Board, Town Board, Fire Commissioner and
Chiefs of each district of the Town. It shall contain all proceedings
under this Code, with such statistics as the Fire Marshal may wish
to include therein. The Fire Marshal shall also recommend amendments
to the Code which, in his judgment, shall be desirable. Itemized reports
of complaints shall be kept separate, Village from Town.
G.
In addition to
the foregoing duties, the Fire Marshal shall perform such other duties
as may be assigned by the Town Board of the Town of Webster from time
to time.
A.
The Webster Town
Board may adopt rules and regulations for the administration and enforcement
of the New York State Uniform Fire Prevention and Building Code. Such
rules and regulations shall not conflict with the New York State Uniform
Fire Prevention and Building Code, this article or any other provisions
of law.
B.
The Town Clerk
of the Town of Webster shall publish all rules and regulations at
least 30 days prior to the effective date thereof in a newspaper of
general circulation within the Town of Webster.
A.
Upon payment of
a fee as prescribed in the schedule of fees adopted by the Webster
Town Board by resolution, from time to time, permits shall be issued
by and bear the name and signature of the Fire Marshal or duly authorized
agent of the Town of Webster and shall specify:
B.
Fire prevention
permits shall not be transferable, and any change in activity, operation,
location, ownership or use shall require a new permit.
C.
Fire prevention
permits shall continue until revoked or for a period of time designated
at the time of issuance. An extension of the permit time period may
be granted, provided that a satisfactory reason can be shown for failure
to start or complete the work or activity authorized within the required
time period.
D.
Fire prevention
permits shall be obtained for the following:
(1)
Acetylene
generators: to operate an acetylene generator, carbide capacity exceeding
five pounds.
(2)
Automobile
tire rebuilding plants: to operate an automobile tire rebuilding plant.
(3)
Automobile
wrecking yards: to operate an automobile wrecking yard.
(4)
Bowling establishments:
for bowling pin refurbishing and bowling lane resurfacing operations
involving the use and application of flammable or combustible liquids
or materials.
(5)
Cellulose
nitrate motion-picture film: to store, keep or have on hand more than
25 pounds of cellulose nitrate motion-picture film.
(6)
Cellulose
nitrate plastics (pyroxylin):
(7)
Combustible
fibers: to store, handle or use combustible fibers in quantities in
excess of 100 cubic feet, except agricultural products on a farm.
(8)
Combustible
materials: to store combustible materials, including but not limited
to empty combustible packing cases, boxes, barrels or similar containers,
rubber tires, baled cotton, rubber, cork or other similar materials
in excess of 2,500 cubic feet gross volume on any premises.
(11)
Dry cleaning
plants: to use in excess of four gallons of solvents or cleaning agents
classified as flammable.
(12)
Dust-producing
uses: to operate any grain elevator, flour, starch or feed mill, woodworking
plant or plant pulverizing aluminum, coal, cocoa, plastics, magnesium,
spices, sugar, sulfur or other materials producing potentially explosive
dusts.
(15)
Flammable
and combustible liquids:
(a)
To store,
handle or use flammable liquids in excess of 6 1/2 gallons inside
any building or other occupancy or in excess of 60 gallons outside
of any building. This shall not apply to:
(16)
Flammable
finishing: for spraying, coating or dipping operations utilizing flammable
or combustible liquids.
(17)
Fruit ripening:
to conduct a fruit-ripening process using ethylene gas.
(18)
Fumigation:
to conduct outdoor fumigation or thermal insecticidal fogging operations.
(19)
Hazardous
chemicals:
(a)
To store,
handle or use more than 55 gallons of corrosive liquids or more than
50 pounds of oxidizing materials or more than 10 pounds of organic
peroxides or more than 50 pounds of nitromethane or more than 1,000
pounds of ammonium nitrate, ammonium nitrate fertilizers and fertilizer
mixtures containing 60% or more ammonium or any amount of toxic material
or poisonous gas.
(b)
To store,
handle or use any quantity of air-reactive, water-reactive or unstable
materials.
(20)
Junkyards:
to operate a junkyard.
(21)
LP gas:
for each installation of liquefied petroleum gas employing a container
or an aggregate of interconnected containers of 500 gallons or more
water capacity and for each permanent installment, irrespective of
size of containers, made at buildings in which 20 or more persons
congregate for civic, political, educational, religious, social or
recreational purposes. Installers shall maintain a record of all installations
and replacement of portable cylinders and have it available for inspection.
(22)
Lumberyards:
to operate a lumberyard.
(23)
Magnesium:
for melting, casting, heat-treating, machining or grinding of more
than 10 pounds of magnesium per working day.
(25)
Organic
coatings: to perform organic coating operations utilizing more than
one gallon of organic coating on any working day.
(26)
Ovens and
furnaces: to operate ovens and furnaces operating at approximately
atmospheric pressures and temperatures not exceeding 1,400° F.
E.
Consolidated permits.
When more than one permit is required for the same property or premises,
a single permit may be issued listing all materials or operations
covered. Revocation of a portion or portions of such consolidated
permits for specific hazardous materials or operations shall not invalidate
the remainder.
F.
Location of permits.
Permits shall be kept on property or premises covered by the permit
or carried by the permit holder.
G.
Revocation of
permits. Permits may be suspended or revoked when it is determined
that there is a violation of a condition under which the permit was
issued or there has been misrepresentation or falsification of material
facts in connection with the permit application or a condition of
the permit.
H.
Fire prevention
permit fees. Whenever this Code provides or requires the issuance
of a permit, application therefor shall be made to the Fire Marshal
of the Town of Webster. Upon the filing for a permit, a fee in the
amount per the fee schedule shall be paid to the Town Clerk of the
Town of Webster.
I.
All such permits
as herein required shall be valid for a period as specified on the
permit.
A.
The Office of
the Fire Marshal of the Town of Webster shall conduct periodic inspections
for all buildings and premises, except the interior of a single-family
dwelling, for compliance with the provisions of the New York State
Uniform Fire Prevention and Building Code and this article. Such inspections
may be made at any reasonable time.
(1)
Firesafety
inspections of buildings and structures which contain an area of public
assembly once every 12 months.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(2)
Multiple dwellings
consisting of three of more units, shall be inspected at least once
in every 24 months.
(3)
All other
buildings, uses and occupancies, except one- and two-family dwellings,
shall be inspected at least once every 36 months.
(4)
An inspection
of a building or dwelling unit shall be performed at any other time
upon:
(5)
Such inspection
shall be performed by the Fire Marshal or his designee.
B.
If entrance to
make an inspection is refused or cannot be obtained, the Fire Marshal
of the Town of Webster may apply for a warrant to make an inspection
to any court of competent jurisdiction.
C.
The Fire Marshal
or Deputy Fire Marshal shall have the authority, pursuant to Article
150 of the Criminal Procedure Law, to issue an appearance ticket subscribed
by him, directing a designated person to appear in a designated local
criminal court at a designated future time in connection with the
alleged commission of a designated violation of the Uniform Code,
this article or any order made thereunder.
A.
A person owning,
operating, occupying or maintaining property or premises within the
scope of the New York State Uniform Fire Prevention and Building Code
or this article shall comply with all the provisions of the Uniform
Code, this article and all orders notices, rules, regulations or determinations
issued in connection therewith.
B.
Whenever the Fire
Marshal or Deputy Fire Marshal of the Town of Webster finds that there
has been violation of the Uniform Code, this article or any rule or
regulation adopted pursuant to this article, a violation order shall
be issued to the person or persons responsible.
C.
Violation orders
shall be in writing, shall identify the property or premises, shall
specify the violation and remedial action to be taken, shall provide
a reasonable time limit for reinspection to determine compliance and
shall state the time within which an appeal may be made.
D.
Violation orders
may be served by personal service, by mailing and by posting a copy
thereof in a conspicuous place on the premises.
E.
In case the owner,
lessor, occupant or agent of any of them shall fail, neglect or refuse
to remove, eliminate or abate the violation within the time specified
in the violation order, an appearance ticket will be issued by the
Fire Marshal or Deputy Fire Marshal.
A.
Failure to comply
with any provisions of this article or a violation order shall be
deemed a violation, and the violator shall be liable for a fine of
not less than $150 or imprisonment for not more than 30 days, or both
fine and imprisonment. Violations of the Uniform Code shall be subject
to the remedies as contained in Article 18, Subdivision 2 of § 382
of the Executive Law. Each day such violation continues shall constitute
a separate violation.
B.
An action or proceeding
in the name of the Town of Webster may be commenced in any court of
competent jurisdiction to compel compliance with or restrain by injunction
the violation of any provision of the Uniform Code, this article,
rule or regulation adopted pursuant to this article or a violation
order or to vacate the occupancy or building in the case of imminent
danger to life or property. Such remedy shall be in addition to penalties
otherwise prescribed by law.
C.
Parking in fire
lanes and near fire hydrants.
(1)
In addition
to the foregoing penalties, any vehicle or other obstruction found
parked in a fire lane will be ticketed for a no-parking violation,
removed or towed away and stored by or at the direction of any peace
or law enforcement officer, Fire Marshal or Deputy Fire Marshal. Any
such removal, towing or storage as therein provided may be performed
by a private towing contractor, and any and all expenses related thereto
shall be at the full responsibility of the owner or person entitled
to possession of said vehicle or obstructing article.
(2)
In addition,
no person shall stop, stand or park a vehicle within 15 feet of a
fire hydrant except when such vehicle is attended by a licensed operator
or chauffeur who is seated in the front seat and who can immediately
move such vehicle in case of emergency, unless a different distance
is indicated by official signs, markings or parking meters.
The Fire Marshal of the Town of Webster shall
keep official records of all permits, inspection reports, recommendations,
complaints, violation orders, investigations and any other documents
deemed necessary.
All costs and expenses incurred by the Town
of Webster in connection with any work done to remove the danger or
in connection with the demolition and removal of any such building
or structure shall be assessed against the land on which such building
or structure is located, and a bill for such expenses shall be presented
to the owner of the property, or, if the owner cannot be ascertained,
then such bill shall be posted in a conspicuous place on the premises.
Such assessment shall be and constitute a lien upon such land. If
the owner shall fail to pay for such expenses within 10 days after
the bill is presented or posted, a legal action may be brought to
collect such assessment or to foreclose such lien. As an alternative
to the maintenance of any such action, the Fire Marshal of the Town
of Webster may file a certificate of the actual expenses incurred
as aforesaid, together with a statement identifying the property in
connection with which the expenses were incurred and the owner thereof,
with the Assessor, who shall, in preparation of the next assessment
roll, assess such amount upon such property. Such amount shall be
included in the levy against such property, shall constitute a lien
and shall be collected and enforced in the same manner, by the same
proceedings, at the same time and under the same penalties as provided
by law for the collection and enforcement of real property taxes in
the Town of Webster.
A.
The Webster Town
Board is hereby designated as the hearing board for appeals in connection
with this article. This Board shall be responsible for hearing and
rendering decisions regarding appeals to this article.
B.
Where a person
seeks relief from a decision of the Fire Marshal enforcing provisions
of this article, including permits, waivers, alternate materials,
alternate methods, approvals or variances or matters of local law
interpretations, that person may request reconsideration of the Fire
Marshal's decision by appealing to the Webster Town Board in writing
within 15 days of the Fire Marshal's decision. The appeal shall state
the reasons why relief is sought and what decision the person feels
should be forthcoming. A copy of the appeal shall be transmitted to
the Office of the Fire Marshal. Upon giving not less than five business
days' notice to the persons interested, a hearing shall be held. The
Board may, after such hearing, by a majority vote, affirm, annul or
modify the action of the Fire Marshal. The decision of the Board shall
be in writing, and a copy shall be mailed to the appellant within
seven business days after the conclusion of the hearing, and any decisions
made shall be final. Further recourse shall be through established
legal procedures.
C.
The provisions
of this article shall be applied to this article only. Any appeals
seeking relief to the requirements and provisions of the New York
State Uniform Fire Prevention and Building Code shall be transmitted
to the New York State Uniform Fire Prevention and Building Code Board
of Review established under the applicable provisions of the New York
State Executive Law.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
D.
The procedure
set forth herein for appeals shall not prohibit the Fire Marshal from
immediately removing a hazard or ordering the immediate closing of
a building or premises until a violation of this article has been
corrected when such hazard or existence of such violation constitutes,
in the sole discretion of the Fire Marshal, a distinct hazard to life
or public safety.
A.
Fire Department
and emergency service access shall be in accordance with the Fire
Code of the State of New York and the following:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(1)
Fire lanes
in commercial and industrial districts shall be 30 feet in width.
(2)
Fire lanes
in multiple residential districts shall be 25 feet in width.
(3)
Fire lanes
in school areas shall be 20 feet in width.
(4)
Fire lanes
shall be clearly designated by approved markings on pavement or sign,
or both. Signs shall be posted on both sides of designated fire lanes.
The top of the sign shall be six feet from the ground.[1]
[1]
Editor's Note: The following original sections of the 1991 Code, which immediately followed this subsection, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I): § 124-12A(4)(a), regarding signs in commercial areas; § 124-12A(4)(b), regarding signs in residential areas; § 124-12A(5), regarding wording of signs; § 124-12A(6), regarding lettering and size of signs; and § 124-12A(7) regarding wording and spacing of pavement markings.
(5)
Pavement markings shall be
no more than 50 feet apart.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
(6)
Pavement
markings shall be painted on the pavement to read in the direction
of travel. If two-way traffic is maintained, every other marking shall
be painted in the opposite direction.
(7)
Pavement
markings shall be painted on the pavement to the following specifications:
(a)
All word
markings are to be yellow in color.
(b)
All word
markings are to read up (i.e., the first word shall be nearest the
driver).
(c)
The elongated
height of each letter shall be 26 inches.
(d)
The width
of each letter shall be 18 inches. The letter "I" is excluded from
this requirement.
(e)
The stroke
of each letter shall be five inches.
(8)
In addition,
the operator of a motor vehicle shall not stop that vehicle within
a fire lane, whether occupied or not, otherwise than temporarily for
the purpose of and while actually engaged in the loading and unloading
of merchandise or passengers.
(9)
The markings
of fire lanes on private property devoted to public use shall be approved
by the Fire Marshal, the Chief of Police, or both. Locations of signs
shall be shown on final utility/grading plans submitted for approval.
(10)
The owner
or occupant of the property shall be required to post signs or pavement
markings, or both, approved by the Fire Marshal, the Chief of Police,
or both, and maintain them in good condition. Failure to replace or
repair damaged, faded, rusted or obsolete signs or faded pavement
markings within 30 days after written notice served by the Fire Marshal
or Chief of Police shall constitute a violation under this article.
B.
Heating systems
and chimneys, flues and gas vents.
(1)
Solid-fuel
appliances.
(a)
SOLID-FUEL APPLIANCE
Definitions.
As used in this subsection, the following terms shall have the meanings
indicated:
Any appliance intended for the burning of wood, pellets,
corn, and coal, such as but not limited to freestanding fireplaces,
airtight stoves, fireplace inserts, etc., except the standard masonry
fireplace installed as a part of the original construction of a building.
(b)
Permits
required.
[1]
A fire
prevention permit is required prior to the installation of a solid-fuel
appliance.
[2]
Application
for a fire prevention permit to the Fire Marshal shall include the
location of the installation, the type of installation and the manufacturer,
if available. A fire prevention permit shall be issued after approval
of the application and payment of the fees.
(c)
Inspection
and approval is required for any installation of a solid-fuel appliance.
C.
Fire-protection
equipment and water supply.
(1)
Fire Department
connections for standpipe and sprinkler systems are to be maintained
accessible at all times. No large shrubbery, fences or barriers of
any type shall be placed within 10 feet of connections. This shall
also apply to snow removal or plowing.
(2)
The Fire
Marshal shall approve hydrant locations, site of hydrants and water
mains in new subdivisions, apartment projects, commercial and industrial
areas and where new schools and churches are being constructed. Such
approvals shall be in line with the following procedures:
(a)
The Town
Building Division or other appropriate officer is to furnish the Fire
Marshal with maps or plans showing street and water main locations,
together with other site information.
(b)
The Fire
Marshal will be allowed five days for review of plans, location of
hydrants and water mains. The Fire Marshal's recommendations shall
be plainly shown on the plans and signed by him. One complete copy
of the plans shall be returned to the Fire Marshal upon final approval.
(3)
Fire hydrants.
(a)
Hydrants
shall not exceed a maximum of 500 feet apart on each street in residential
districts and shall be located at intersections whenever possible.
(b)
Hydrants
shall not exceed a maximum of 300 feet apart in commercial and industrial
areas and shall be located so that all buildings can be reached by
comparatively short hose lays from one or more hydrant.
(c)
Hydrants
must be installed and flow-tested before above-the-ground construction
is commenced. The flow test shall comply with the specifications of
the Insurance Services Office of New York to produce an "A" rating.
(d)
Temporary
exceptions may be made during construction by the Fire Marshal.
(e)
No person
shall place any object, including bushes, trees, flowers, posts, fences,
etc., within 15 feet of any hydrant, except in emergency conditions
with the approval of the Fire Marshal.
(f)
All publicly
owned fire hydrants shall be painted yellow. In addition, the two-and-one-half-inch
caps shall be painted red for flows of less than 500 gpm. Water flows
shall be determined in a manner approved by the Fire Marshal.
(g)
All privately
owned fire hydrants and water mains shall be installed, tested and
maintained in accordance with the current edition of National Fire
Protection Association (NFPA) 24 and NFPA 25. Hydrants shall be painted
red. In addition, whenever a private hydrant or water main shall be
cut out of service for repairs in excess of 24 hours, the Fire Marshal
shall be notified. In the case of a hydrant being out of service,
the hydrant shall be bagged or otherwise identified as being out of
service.
(4)
Sprinkler,
standpipe and other fire-protection systems.
(a)
FIRE-PROTECTION SYSTEMS
Definitions.
As used in this subsection, the following terms shall have the meanings
indicated:
Fire-protection systems include a range of products such
as wet and dry fire sprinkler and standpipe systems, manual and automatic
chemical- and foam-based fire-suppression systems, smoke/heat detectors,
fire alarms, and their associated components. These help to detect
sources of fire, warn the occupants of a building and attempt to extinguish
the fire.
(b)
The Fire
Marshal shall be notified before any tests, repairs, alterations or
additions are made to any fire-protection system that will reduce
or impair the operation of the system while said work or testing is
being done.
(c)
A copy
of the annual testing report shall be kept on the premises so that
the same is available for examination.
(5)
Fire-protection
systems shall be approved by the Fire Marshal prior to installation.
D.
Storage and handling
of motor vehicle fuel.
(1)
Portable
containers for motor vehicle fuel shall be clearly marked with the
name of the product contained. This marking shall have been applied
to such container by the manufacturer of the same.
(2)
Underground
storage tanks containing gasoline, oil or other liquids that generate
flammable vapor at normal temperature and having a maximum individual
capacity of up to 15,000 gallons may be installed. The maximum aggregate
capacity at the site shall not exceed 30,000 gallons total capacity.
The maximum aggregate capacity may be increased upon written application
to the Webster Town Board. All installations within the Town shall
conform to the applicable federal, state and generally accepted referenced
standards and other provisions approved by the Fire Marshal.
(3)
The Fire
Marshal or his designated representative is further authorized to
order the owner or occupants of premises having flammable liquid storage
tanks located thereon to have such tanks tested by methods prescribed
by the Fire Marshal to determine if such tanks are leaking, if the
Fire Marshal has reasonable belief that such tanks may contain a leak.
(4)
Above-ground
storage tanks of flammable liquids shall be prohibited.
(5)
Underground
storage tanks containing Class I liquids shall be prohibited in residential
districts.
(6)
No installation,
alteration or replacement of underground or above-ground tanks, pumps,
piping and other equipment relating to the storage of flammable liquids
shall be commenced without first obtaining a permit therefor from
the Fire Marshal.
(7)
Noncompliance
with the requirements of this article shall be sufficient cause for
the suspension or revocation by the Fire Marshal of any permit issued
hereunder in this article.
(8)
Leaking tanks,
pumps or piping shall be repaired or replaced immediately, and it
shall be within the discretion of the Fire Marshal as to whether the
station or facility must cease any and/or all operations while repairs
or replacements are being made.
(9)
There is
to be no more than one gasoline tank truck delivering flammable liquids
on the premises of a gasoline service facility at any one time. Before
making any deliveries to underground tanks, the driver or other authorized
person shall set the brakes of the truck and shall turn off the engine
of the vehicle. Evertite™ or O.P.W. fill couplings or equivalent
must be used when unloading flammable liquids from a tank truck to
a storage tank. The driver shall remain at the point of delivery to
prevent spillage and overflow.
(10)
In the
event of an accident spillage or leakage of a flammable liquid in
quantities of five gallons or greater, whether or not it may enter
sewers, the appropriate Fire Department and Fire Marshal shall be
notified immediately.
(11)
A minimum
of five fifty-pound bags of absorbent or equivalent must be kept on
the premises at all times for flammable liquid spills and should be
used for this purpose whenever possible instead of flushing with water.
(12)
All tanks
containing flammable liquids must be tested weekly for water infiltration,
and records shall be kept on the premises showing the date, hour and
results of such tests. When any test shows water present in a flammable
liquid, the Fire Marshal shall be immediately notified. Such water
may not be removed until after notification of the Fire Marshal.
E.
Dispensing of
motor vehicle fuel.
(1)
Dispensing
devices for Class I and II flammable liquids shall be of the type
approved by the Fire Marshal.
(2)
Dispensing of Class I and II flammable liquids by persons other than the service attendant or supervisor shall be prohibited, except as set forth in Subsection E(3) below.
(3)
Self-service
stations.
(a)
"Self-service
stations" shall mean that portion of property where flammable and
combustible liquids used as motor fuels are stored and subsequently
dispensed from fixed approved dispensing equipment into the fuel tanks
of motor vehicles by persons other than the service station attendant
and can include facilities available for sale of other retail products.
(b)
Approved
dispensing devices, such as but not limited to coin-operated, card-operated
and remote-controlled types, are permitted as self-service stations.
(c)
Emergency
controls specified in the provisions of the Uniform Code shall be
installed at the location acceptable to the Fire Marshal, but controls
shall not be more than 100 feet from the dispensers.
(d)
All pump
islands shall be protected against physical damage by the installation
of pipe or post bumpers (eight inches minimum in diameter) in locations
approved by the Fire Marshal.
(e)
Gasoline
self-service stations shall provide automatic fire-extinguishing systems
installed in conformity with nationally recognized good practices.
All systems shall contain overhead extinguisher protection and shall
be approved by the Fire Marshal. Where a station has one self-service
island with dispensing units within 30 feet of a full service island,
both shall have an automatic fire-extinguishing system installed and
approved by the Fire Marshal.
F.
Tents and air-supported
structures.
(1)
Smoking shall
be prohibited, and adequate signs shall be posted.
(2)
Fire watchers shall be employed for crowds over 50 persons to enforce Subsection F(1) above and to maintain exit aisles.
(3)
Safety provisions
shall be provided for as requested by the Fire Marshal.
(4)
Tents shall
comply with the requirements of the Fire Code of the State of New
York.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
G.
Hazardous chemicals.
(1)
The transportation
of hazardous chemicals and other dangerous articles by motor vehicles
shall comply with Department of Transportation regulations.
(2)
Shipments
whose origin and destination are outside the Town of Webster are confined
to the use of state highways.
(3)
Shipments
of intratown nature (either originating in or destined to a Webster
location) shall follow a route to be designated by the Fire Marshal.
H.
I.
Manufacture,
sale and discharge of fireworks.
(1)
The manufacture
or storage of fireworks is prohibited within the Town of Webster.
(2)
It shall
be unlawful to explode any fireworks within the Town of Webster without
a permit.
(3)
The Fire
Marshal may grant a permit for the supervised display of fireworks
by municipalities, fair associations, amusement parks and other organizations
or groups of individuals, provided that:
J.
Street numbering
of buildings.
(1)
All occupancies
within the Town of Webster shall be provided with street numbers to
assist emergency personnel in locating the same. This shall apply
but not be limited to all residential, commercial, industrial and
private structures. Said numbers shall be assigned by the Town of
Webster Assessor's Department.
(2)
Numbers shall
conform to the requirements of the New York State Uniform Fire Prevention
and Building Code and shall be mounted in a secure fashion to the
structure's front wall or to a porch or other fixed appurtenance in
front of the structure in the vicinity of the main entryway or main
path of travel leading to the main entrance from a public street or
otherwise separately mounted in an approved manner upon the face of
a wall or upon a post in the front yard of the premises.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(3)
All street
numbers shall be mounted at a height between four feet and 10 feet
above the adjacent grade, street or exterior porch landing directly
beneath, but never higher than 15 feet above the adjoining grade.
They shall be legible as to contrasting background, arrangement, spacing,
size and uniformity of the whole so that the numbers may be read with
ease during daylight hours by a person possessing at least 20/40 vision
as he or she views the numbers from the center line of the facing
street and at an elevation of five feet above the finished surface
thereof. Trees, shrubs or other obstructions shall not block said
street numbers.
(4)
All existing
structures shall comply with the requirements of this subsection by
January 1, 1991.
K.
Key boxes.
(1)
When access
to or within a structure or an area is unduly difficult because of
secured openings or where immediate access is necessary for life-saving
or fire-fighting purposes, the Fire Marshal is authorized to require
a locking key box to be installed in an accessible location. The key
box shall be a type approved by the Fire Marshal and shall contain
keys to gain necessary access as required by the Fire Marshal and
the local fire department.
(2)
Where electric
or manually operated gates are used to limit and control entry onto
a property or area, a key switch or padlock shall be used. The key
switch or padlock shall be of a type approved by the Fire Marshal.
L.
Open burning.
(1)
All campfires,
outdoor fireplaces, fires used solely for recreational purposes and
approved agricultural burning shall be in accordance with the provisions
of the Monroe County Sanitary Code, Article V, Open Burning Control.
In addition, the Fire Marshal and/or the Building Inspector may prohibit
any and/or all open fires where atmospheric conditions or local circumstances
make such fires a hazard and/or nuisance.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(2)
All other
forms of outdoor burning shall be prohibited unless approved by the
Fire Marshal.
M.
Residential sprinklers,
one- and two-family dwellings.
(1)
Where one-
and two-family dwellings are located on properties that are served
by municipal water supplies, such dwellings shall be located within
500 feet of a fire hydrant. Said distance shall be measured along
the route normally driven by motor vehicles.
(2)
Where said
dwellings are located in excess of 500 feet from a hydrant, an approved
residential sprinkler system shall be installed in accordance with
the current edition of the referenced standard NFPA 13D, Installation
of Sprinkler Systems in One- and Two-Family Dwellings and Manufactured
Homes.
(3)
In lieu of
the above requirements, alternative methods (such as: stored water
sprinkler systems, dry hydrant installations, etc.) may be submitted
to the Fire Marshal and/or Building Inspector for approval.
(4)
All new single-family
construction located within the Town of Webster shall comply with
the requirements of this subsection beginning September 16, 1996.
N.
Operating permits.
(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 Tables 2703.1.1(1), 2703.1.1(2), 2703.1.1(3) or 2703.1.1(4),
of the Fire Code of New York State (see 19 NYCRR Part 1225);
(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)
Buildings
containing one or more areas of public assembly with an occupant load
of 100 persons or more; and
(e)
Buildings
whose use or occupancy classification may pose a substantial potential
hazard to public safety, as determined by the government or agency
charged with or accountable for administration and enforcement of
the Uniform Code.
(2)
Parties who propose to undertake the types of activities or operate the types of buildings listed in Subsection N(1) of this section shall be required to obtain an operating permit prior to commencing such operation. An application for an operating permit shall contain sufficient information to permit a determination that quantities, materials, and activities conform to the requirements of the Uniform Code. Tests or reports necessary to verify conformance shall be required.
(3)
An inspection
of the premises shall be conducted prior to the issuance of an operating
permit.
(4)
A single
operating permit may apply to more than one hazardous activity.
(5)
Operating
permits may remain in effect until reissued, renewed or revoked or
may be issued for a specified period of time consistent with local
conditions.
(6)
Where activities
do not comply with applicable provisions of the Uniform Code, an operating
permit shall be revoked or suspended.
