A.
The Village Board of the Village of Webster hereby adopts the New York State Uniform Fire Prevention and Building Code (the Uniform Code), and the State Energy Conservation Code (the Energy Code) and all subsequent amendments thereto.
[HISTORY: Adopted by the Village Board of the Village of Webster 10-12-2023 by L.L. No. 3-2023.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch. 46, Fire Prevention, adopted 6-14-1982 by L.L. No. 5-1982, as amended.
A.
This article shall provide the basic method for administration and enforcement of the Uniform Code and Energy Code 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 Marshals.
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.
The Village Board of the Village of Webster hereby appoints any duly appointed Town of Webster Fire Marshal or Deputy Fire Marshal as Fire Marshal or Deputy Fire Marshal in the Village of Webster to administer and enforce the New York State Uniform Fire Prevention and Building Code and this chapter as it relates to fire prevention, control and investigation within the Village of Webster.
B.
The Fire Marshal in charge of the Office of the Fire Marshal as well as the Deputy Fire Marshal shall report to the Superintendent of Public Works for matters related to the area within the Village of Webster.
C.
The chiefs of the fire departments that serve the Village of Webster 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 the Fire Marshal's 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 the 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, shall notify the proper authorities designated by law to pursue the investigation of such matters and shall further cooperate with the authorities in the collection of evidence and in the prosecution of the case. The foregoing shall be without prejudice to the right of the fire officer in charge to notify the proper authorities 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 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 the Fire Marshal's judgment, shall be desirable. Itemized reports of complaints shall be kept separate, Village from Town.
A.
The Webster Village 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 chapter, or any other provision of law.
B.
The Village Clerk of the Village 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 Village of Webster.
A.
Upon the payment of a fee as prescribed in the schedule of fees adopted by the Webster Village Board by resolution from time to time, permits shall be issued by and bear the name and signature of the Fire Marshal of the Village of Webster and shall specify:
B.
Permits shall not be transferable, and any change in activity, operation, location, ownership or use shall require a new permit.
C.
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.
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 refinishing 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):
(a)
To store, keep or have on hand more than 25 pounds of cellulose nitrate plastics (pyroxylin) motion-picture film.
(b)
To manufacture articles of cellulose nitrate plastics (pyroxylin), which shall include the use of cellulose nitrate plastics (pyroxylin) in the manufacture or assembling of other articles.
(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 or combustible.
(12)
Dust-producing plants: 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 explosive-potential dust.
(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.
(16)
Flammable finishing: for spraying, coating or dipping operations utilizing flammable or combustible liquids.
(17)
Fruit-ripening process: to conduct a fruit-ripening process using ethylene gas.
(18)
Fumigation and thermal insecticidal fogging: to conduct 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 1,000 pounds or more 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)
Liquefied petroleum gas: for each installation of liquefied petroleum gas employing a container or an aggregate or interconnected containers of 500 gallons or more of water capacity and for each permanent installation, 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 permit for specific hazardous materials or operations shall not invalidate the remainder.
F.
Location of permits. Permits issued by the Fire Marshal shall be kept posted in a conspicuous place on the property or premises covered by the permit for as long a period of time as the permitted activity continues.
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.
Permit fees; validity of permits; renewal.
(1)
Except as to bulk storage permit fees and flammable liquid transport vehicle permit fees as set from time to time by the Village Board, whenever the code provides or requires the issuance of a permit, application therefor shall be made to the Fire Marshal of the Village of Webster. Upon the filing of the application, a fee in the amount per the fee schedule shall be paid to the Village Clerk of the Village of Webster.
(2)
All such permits as herein required shall be valid for a period of one year and shall be renewed yearly upon application therefor and the payment of the permit fee as herein required.
A.
Operation permits required.
(1)
Operating permits shall be required for conducting any process or activity or for operating any type of building, structure, or facility listed below:
(a)
Manufacturing, storing, or handling hazardous materials in quantities exceeding those listed in the applicable Maximum Allowable Quantity tables found in Chapter 50 of the FCNYS;
(b)
Buildings, structures, facilities, processes, and/or activities that are within the scope and/or permit requirements of the chapter or section title of the current FCNYS as it may from time to time be amended, as follows:
[1]
Chapter 22, "Combustible Dust-Producing Operations." Facilities where the operation produces combustible dust;
[3]
Chapter 25, "Fruit and Crop Ripening." Operating a fruit- or crop-ripening facility or conducting a fruit-ripening process using ethylene gas;
[4]
Chapter 26, "Fumigation and Insecticidal Fogging." Conducting fumigation or insecticidal fogging operations in buildings, structures, and spaces, except for fumigation or insecticidal fogging performed by the occupant of a detached one-family dwelling;
[5]
Chapter 31, "Tents, Temporary Special Event Structures, and Other Membrane Structures." Operating an air-supported temporary membrane structure, a temporary special event structure, or a tent where approval is required pursuant to Chapter 31 of the FCNYS;
[6]
Chapter 32, "High-Piled Combustible Storage." High-piled combustible storage facilities with more than 500 square feet (including aisles) of high-piled storage;
[7]
Chapter 34, "Tire Rebuilding and Tire Storage." Operating a facility that stores in excess of 2,500 cubic feet of scrap tires or tire by-products or operating a tire rebuilding plant;
[8]
Chapter 35, "Welding and Other Hot Work." Performing public exhibitions and demonstrations where hot work is conducted, use of hot work, welding, or cutting equipment, inside or on a structure, except an operating permit is not required where work is conducted under the authorization of a building permit or where performed by the occupant of a detached one- or two-family dwelling;
[9]
Chapter 40, "Sugarhouse Alternative Activity Provisions." Conducting an alternative activity at a sugarhouse;
[10]
Chapter 56, "Explosives and Fireworks." Possessing, manufacturing, storing, handling, selling, or using, explosives, fireworks, or other pyrotechnic special effects materials except the outdoor use of sparkling devices as defined by Penal Law § 270;
[11]
Section 307, "Open Burning, Recreational Fires and Portable Outdoor Fireplaces." Conducting open burning, not including recreational fires and portable outdoor fireplaces;
[12]
Section 308, "Open Flames." Removing paint with a torch, or using open flames, fire, and burning in connection with assembly areas or educational occupancies; and
(c)
Energy storage systems, where the system exceeds the values shown in Table 1206.1 of the FCNYS or exceeds the permitted aggregate ratings in Section R327.5 of the RCNYS;
(d)
Buildings containing one or more assembly areas;
(e)
Outdoor events where the planned attendance exceeds 1,000 persons;
(f)
Facilities that store, handle or use hazardous production materials;
(g)
Buildings whose use or occupancy classification may pose a substantial potential hazard to public safety, as determined by resolution adopted by the Board of Trustees of this Village; and
(h)
Other processes or activities or for operating any type of building, structure, or facility as determined by resolution adopted by the Board of Trustees of this Village.
B.
Applications for operating permits. An application for an operating permit shall be in writing on a form provided by or otherwise acceptable to the Code Enforcement Officer. Such application shall include such information as the Code Enforcement Officer deems sufficient to permit a determination by the Code Enforcement Officer that quantities, materials, and activities conform to the requirements of the Uniform Code. If the Code Enforcement Officer determines that tests or reports are necessary to verify conformance, such tests or reports shall be performed or provided by such person or persons as may be designated by or otherwise acceptable to the Code Enforcement Officer, at the expense of the applicant.
C.
Inspections. The Code Enforcement Officer or an inspector authorized by the Code Enforcement Officer shall inspect the subject premises prior to the issuance of an operating permit. Such inspections shall be performed either in person or remotely. Remote inspections in lieu of in-person inspections may be performed when, at the discretion of the Code Enforcement Officer or an inspector authorized by the Code Enforcement Officer, the remote inspection can be performed to the same level and quality as an in-person inspection and the remote inspection shows to the satisfaction of the Code Enforcement Officer or inspector authorized by the Code Enforcement Officer that the premises conform with the applicable requirements of the Uniform Code and the code enforcement program. Should a remote inspection not afford the Village sufficient information to make a determination, an in-person inspection shall be performed. After inspection, the premises shall be noted as satisfactory and the operating permit shall be issued, or the operating permit holder shall be notified as to the manner in which the premises fail to comply with either or both of the Uniform Code and the code enforcement program, including a citation to the specific provision or provisions that have not been met.
D.
Multiple activities. In any circumstance in which more than one activity listed in Subsection A of this section is to be conducted at a location, the Code Enforcement Officer may require a separate operating permit for each such activity, or the Code Enforcement Officer may, in their discretion, issue a single operating permit to apply to all such activities.
E.
Duration of operating permits.
(1)
Operating permits shall be issued for a specified period of time consistent with local conditions, but in no event to exceed as follows:
(2)
The effective period of each operating permit shall be specified in the operating permit. An operating permit may be reissued or renewed upon application to the Code Enforcement Officer, payment of the applicable fee, and approval of such application by the Code Enforcement Officer.
F.
Revocation or suspension of operating permits. If the Code Enforcement Officer determines that any activity or building for which an operating permit was issued does not comply with any applicable provision of the Uniform Code, such operating permit shall be revoked or suspended.
A.
Inspections required. Fire safety and property maintenance inspections of buildings and structures shall be performed by the Code Enforcement Officer or an inspector designated by the Code Enforcement Officer at the following intervals:
(1)
At least once every 12 months for buildings which contain an assembly area;
(2)
At least once every 12 months for public and private schools and colleges, including any buildings of such schools or colleges containing classrooms, dormitories, fraternities, sororities, laboratories, physical education, dining, or recreational facilities;
(3)
At least once every 24 months for multiple dwellings; and
(4)
At least once every 36 months for all nonresidential occupancies.
B.
Remote inspections. At the discretion of the Code Enforcement Officer or inspector authorized to perform fire safety and property maintenance inspections, a remote inspection may be performed in lieu of in-person inspections when, in the opinion of the Code Enforcement Officer or such authorized inspector, the remote inspection can be performed to the same level and quality as an in-person inspection and the remote inspection shows to the satisfaction of the Code Enforcement Officer or such authorized inspector that the premises conform with the applicable provisions of 19 NYCRR Part 1225 and the publications incorporated therein by reference and the applicable provisions of 19 NYCRR Part 1226 and the publications incorporated therein by reference. Should a remote inspection not afford the Code Enforcement Officer or such authorized inspector sufficient information to make a determination, an in-person inspection shall be performed.
C.
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 by the Code Enforcement Officer or an inspector authorized to perform fire safety and property maintenance inspections at any time upon: 1) The request of the owner of the property to be inspected or an authorized agent of such owner; 2) Receipt by the Code Enforcement Officer of a written statement alleging that conditions or activities failing to comply with the Uniform Code or Energy Code exist; or 3) Receipt by the Code Enforcement Officer of any other information, reasonably believed by the Code Enforcement Officer to be reliable, giving rise to reasonable cause to believe that conditions or activities failing to comply with the Uniform Code or Energy Code exist; provided, however, that nothing in this subsection 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.
D.
OFPC inspections. Nothing in this section or in any other provision of this chapter shall supersede, limit, or impair the powers, duties and responsibilities of the New York State Office of Fire Prevention and Control (OFPC) and the New York State Fire Administrator or other authorized entity under Executive Law § 156-e and Education Law § 807-b. Notwithstanding any other provision of this section to the contrary, the Code Enforcement Officer may accept an inspection performed by the Office of Fire Prevention and Control or other authorized entity pursuant to §§ 807-a and 807-b of the Education Law and/or § 156-e of the Executive Law, in lieu of a fire safety and property maintenance inspection performed by the Code Enforcement Officer or by an inspector, provided that:
(1)
The Code Enforcement Officer is satisfied that the individual performing such inspection satisfies the requirements set forth in 19 NYCRR 1203.2(e);
(2)
The Code Enforcement Officer is satisfied that such inspection covers all elements required to be covered by a fire safety and property maintenance inspection;
(3)
Such inspections are performed no less frequently than once a year;
(4)
A true and complete copy of the report of each such inspection is provided to the Code Enforcement Officer; and
A.
A person owning, operating, occupying, or maintaining property or premises within the scope of the New York State Uniform Code or this chapter shall comply with all the provisions of the Uniform Code, the Energy Code, this chapter and all orders, notices, rules, regulations, or determinations issued in connection therewith.
B.
Whenever the Fire Marshal of the Village of Webster finds that there has been a violation of the Uniform Code, the Energy Code, this chapter or any rule or regulation adopted pursuant to this chapter, 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 compliance and shall state the time within which an appeal may be taken.
D.
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.
E.
Violation orders may be served by personal service, by mailing and by posting a copy thereof in a conspicuous place on the premises.
F.
In case the owner, lessor, occupant or the 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.
Unless otherwise provided in § 382 of the Executive Law, failure to comply with any provision of the New York State Uniform Fire Prevention and Building Code, this chapter or a violation order shall be deemed a violation, and the violator shall be liable for a fine of not more than $250 or imprisonment not to exceed 15 days, or both, and each day such violation continues shall constitute a separate violation.
B.
An action or proceeding in the name of the Village 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, the Energy Code, this chapter or any rule or regulation adopted pursuant to this chapter 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.
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, the Fire Marshal or Deputy Fire Marshal. Any such removal, towing or storage as herein provided may be performed by a private towing contractor, and any and all expenses related thereto shall be the full responsibility of the owner or person entitled to possession of said vehicle or obstructing article.
D.
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 Village of Webster shall keep official records of all permits, inspection reports, recommendations, complaints, violation orders, investigations and any other documents deemed necessary.
A.
The Webster Village Board is hereby designated as the hearing board for appeals in connection with this chapter. This Board shall be responsible for hearing and rendering decisions regarding appeals to this chapter.
B.
Where a person seeks relief from a decision of the Fire Marshal enforcing provisions of this chapter, 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 Village 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 chapter shall be applied to this chapter 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 appropriate Board of Review as described in 19 NYCRR Part 1205.
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 chapter 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 Uniform Code and the following:
(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 signs or both. Signs shall be posted on both sides of a designated fire lane. The top of the sign shall be six feet from the ground.
(a)
Signs in commercial areas shall be no more that 50 feet apart.
(b)
Signs in residential areas shall be placed at a distance to be determined by the Fire Marshal.
(c)
Signs shall read NO PARKING FIRE LANE and shall have arrows pointing in the direction of the area designated to be the fire lane.
(d)
All signs shall be stationary. Signs shall be 12 inches by 18 inches in size, with a white background, red legend and three-inch letters.
(5)
Pavement markings shall be no more than 50 feet apart and shall read NO PARKING FIRE LANE.
(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 shall be yellow in color.
(b)
All word markings shall read up, i.e., the first word shall be nearest to 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. The 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, 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 chapter.
B.
Heating systems and chimneys, flues, and gas vents.
(1)
Solid-fuel appliances.
(a)
Definition. A "solid-fuel appliance" is any appliance intended for burning wood, pellets, corn, and coal, such as, but not limited to, freestanding fireplaces, airtight stoves, fireplace inserts, etc., except a 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 permit to the Fire Marshal shall include location of installation, type of installation and manufacturer, if available. A permit shall be issued after approval of the application and the fees are paid.
(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 Village Building Inspector or other appropriate officer shall 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 the review of plans, location of hydrants and water mains. The Fire Marshal's recommendations shall be plainly shown on the plans and signed by the Fire Marshal. Two complete copies 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 more than one 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 editions of NFPA 24 and NFPA 25. Hydrants shall be painted red. In addition, whenever a private hydrant or water main shall be 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
Definition. As used in this subsection, the following terms shall have the meanings indicated:
Includes a range of products such as wet and dry sprinkler and standpipe systems, manual and automatic chemical and foam 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 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 liquid that generates a flammable vapor at normal temperature and having a maximum individual capacity of up to 10,000 gallons may be installed. The maximum aggregate capacity at any site shall not exceed 24,000 gallons' total capacity. The maximum aggregate capacity may be increased upon written application to the Webster Village Board with the use of double-wall tanks and electronic monitoring devices and other provisions approved by the Fire Marshal.
(3)
The Fire Marshal or the Fire Marshal's 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)
Aboveground storage tanks of flammable liquids shall be prohibited.
(5)
Underground storage tanks containing Class I liquids shall be prohibited in residential districts.
(6)
Installation or alteration permit. No installation, alteration or replacement of underground or aboveground 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 chapter shall be sufficient cause for the suspension or revocation by the Fire Marshal of any permit issued hereunder in this chapter.
(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. Ever-Tite or OPW 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. In case of spillage or overflow, the appropriate fire department and the Fire Marshal shall be notified immediately.
(10)
In the event of accidental spillage or leakage of a flammable liquid in quantities of five United States gallons or greater, whether or not it may enter sewers, the appropriate fire department and the Fire Marshal shall be notified immediately.
(11)
A minimum of five fifty-pound bags of Stay Dry 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 kept on the premises showing the date, hour and results of such tests. When any test shows water present in the 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 or Class II flammable liquids shall be of the type approved by the Fire Marshal.
(2)
Dispensing of Class I or Class 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 the 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 at self-service stations.
(c)
Emergency controls specified in the provisions of the New York State Uniform Fire Prevention and Building Code shall be installed at a 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 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 and 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 five-extinguishing system installed and approved by the Fire Marshal.
F.
Tents and air-supported structures.
(1)
Smoking shall be prohibited and adequate signs posted.
(2)
Fire watchers shall be employed for crowds of over 50 persons to enforce Subsection F(1) above and to maintain clear exit aisles.
(3)
Safety provisions shall be provided for as requested by the Fire Marshal.
(4)
Tents shall comply with the requirements of the Uniform Code.
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 Village of Webster are confined to the use of state highways.
(3)
Shipments of an 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 Village of Webster.
(2)
It shall be unlawful to explode any fireworks within the Village of Webster without a permit.
(3)
The Fire Marshal may grant a permit for supervised public display of fireworks by municipalities, fair associations, amusement parks or other organizations or groups of individuals, provided that:
J.
Street numbering of buildings.
(1)
All occupancies within the Village 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 Village Board or its designee.
(2)
Numbers shall be four inches in height with a minimum stroke width of 0.5 inch, Arabic style (lettering shall not be accepted) 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.
(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 persons possessing at least 20/40 vision as they view 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.
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 lifesaving or firefighting 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 local Fire Department.
(2)
Where electric or manually operated gates are used to limit and control entry into 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.
(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 a municipal water supply, 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 approved 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.