There is hereby designated in the Village of Quogue a public
official to be known as the "Fire Marshal," who shall be appointed
by the Mayor with the consent of the Board of Trustees at a compensation
to be fixed by it.
In the absence of the Fire Marshal or in the case of his inability
to act for any reason, the Mayor shall have the power, with the consent
of the Board of Trustees, to designate a person to act on behalf of
the Fire Marshal and to exercise all the powers conferred upon him
by this chapter. In the absence of such a designation, the Building
Inspector or Ordinance Enforcement Officer shall exercise all such
powers.
The Mayor, with the consent of the Board of Trustees, may appoint
Assistant or Deputy Fire Marshals, as the need may appear, to act
under the supervision and direction of the Fire Marshal and to exercise
any portion of the powers and duties of the Fire Marshal as directed
by him or her. The compensation of such assistants or deputy Fire
Marshals shall be fixed by the Board of Trustees.
The powers and duties of Fire Marshal shall be as follows:
A. It shall be the duty of the Fire Marshal to administer and enforce those portions of the New York State Uniform Fire Prevention and Building Codes addressing fire safety (primarily the Fire Code and Property Maintenance Code of the State of New York) and such other provisions of the Code of the Village of Quogue that authorizes the Fire Marshal to administer and enforce, including but not limited to the provisions of Chapter
73 (Building Construction and Fire Prevention).
B. The Fire Marshal shall have the power and authority to issue notices
of violation, appearance tickets, and other accusatory instruments
relative to the administration and enforcement of the Fire Code, including
parking tickets. In addition, upon the request of the Building Inspector,
Police or Board of Trustees, the Fire Marshal may enforce or administer
other specific sections of the Code of the Village of Quogue on behalf
of any other department or entity of the Village.
C. In addition to the other functions and duties granted to the Fire
Marshal by this Code or by separate resolution of the Village Board
or local law, the Fire Marshal shall review all subdivision applications,
site plan applications, building permit applications, and plans for
all buildings and structures, except one- or two-family residential
dwellings. In his or her review, the Fire Marshal shall consider,
among other things, items relative to exits; fire lanes; occupancy
load and all factors having an effect thereon; construction restricting
the spread of fire; hazardous material storage, use, handling or manufacture;
hazardous processes; all fire protection equipment; and all other
matters of interest or concern to the Fire Marshal.
D. It shall be the duty of the Fire Marshal to periodically inspect
the interiors of all premises, except one- and two-family dwellings,
for the purpose of ascertaining the existence of any condition which
may cause a fire, endanger life due to fire or violate the purpose
and intent of this Code.
E. The Fire Marshal shall have the authority to assist the Quogue Fire
Department in the initial investigation of the cause, origin and circumstances
of any fire or explosion. The appropriate police investigatory authorities
shall be contacted immediately if there is reason to believe that
a fire or explosion is of incendiary or suspicious origin.
F. The Fire Marshal shall have the authority to summarily abate any
condition that is in violation of any provision of this chapter and
that presents immediate fire hazard to life or property.
G. The Fire Marshal may, at all reasonable hours, enter any building,
structure or premises for the purpose of making any inspection or
investigation which they may deem necessary to execute, accomplish
or promote the purpose and intent of the Village Code in pursuance
of the provisions thereof and the laws of the State of New York.
H. If the Fire Marshal determines from his inspection of any building
or structure that there is actual and immediate danger of failure
or collapse so as to endanger life, he shall promptly require the
building, structure or portion thereof to be vacated forthwith and
not to be reoccupied until the specified repairs are completed, inspected
and approved by the Building Inspector. For this purpose, the Fire
Marshal may enter such building or structure or land on which it stands
or adjoining land or structures with such assistance and at such cost
as may be necessary. The Fire Marshal may also order adjacent structures
to be vacated and protect the public by appropriate barricades or
such other means as may be necessary and for this purpose may close
a private or public right-of-way. The Fire Marshal shall cause to
be posted at each entrance to such building or structure a notice
stating, "This structure is unsafe and its occupancy has been prohibited
by the Building Inspector, Fire Marshal or Ordinance Enforcement Officer." Such
notice shall remain posted until the required repairs are made or
demolition is completed. It shall be unlawful for any person, firm
or corporation or their agents or other persons to remove such notice
without written permission of the Building Inspector, Fire Marshal
or Ordinance Enforcement officer, or for any person to enter the building
except for the purpose of making the required repairs or the demolition
thereof.
I. The Fire Marshal may adopt rules and regulations for the administration
and enforcement of the State Fire Prevention Code. Such rules and
regulations shall be subject to the approval of the Board of Trustees
and shall not conflict with the New York State Fire Prevention Code,
this chapter or any other provision of law.
J. The Fire Marshal shall keep permanent official records of all transactions
and activities conducted by him or her, including all applications
received, plans approved, certificates approved, fees charged and
collected, inspection reports, all rules and regulations promulgated
by him or her, with the consent of the Board of Trustees, and notices
and orders issued. All such records shall be public records open to
public inspection during normal business hours.
K. The Fire Marshal shall annually, or more frequently if required by
such Board, submit to the Board of Trustees a report and summary of
all business conducted by the Fire Marshal, including approvals, fees
collected, orders and notices promulgated, inspections, investigations
and tests made and appeals or litigation pending or concluded.
L. Where the Village has contracted for the performance of services
by the Town of Southampton Department of Fire Prevention or another
contracting party, the Village Fire Marshal shall coordinate with
the Town Department of Fire Prevention or the contracting party so
as to not duplicate the services with his or her duties and responsibilities.
M. The Fire Marshal shall consult, advise and coordinate with the Village
of Quogue Fire Department in the administration and enforcement of
his or her duties under this chapter.