Village of Great Neck Estates, NY Chapter 105 Emergency Preparedness Practice

[HISTORY: Adopted by the Board of Trustees of the Village of Great Neck Estates 9-8-1997 by L.L. No. 10-1997 (Ch. 57 of the 1981 Code); amended in its entirety 10-13-2014 by L.L. No. 10-2014. Subsequent amendments noted where applicable.]

§ 105-1 Definitions and word usage.

A. Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meanings they have in common usage and to give this chapter its most reasonable application.

B. As used in this chapter, the following terms shall have the meanings indicated:

BUILDING

Any structure built for support, shelter or enclosure for occupancy or storage.

EMERGENCY PREPAREDNESS PRACTICE

Any practice or exercise performed by any person or entity for the purpose of training in emergency preparedness, evacuation, fire prevention, rescue procedure and/or extinguishment of fire or other preparation for emergency conditions; provided, however, that this definition shall not include such activities by the owner of a property in the Village conducted solely with the participation of persons occupying or residing on such property and no more than one other individual.

PERSON

Any individual, firm, partnership, association, corporation, company, public agency, public utility or organization of any kind, or agent thereof.

§ 105-2 General requirements.

No building or structure may be used for emergency preparedness practice except with a permit as required by this chapter.

§ 105-3 Permits.

A. Permits required. No person, entity or owner of real property shall cause or permit any building or structure to be used for emergency preparedness practice without first having obtained a permit therefor from the Mayor, or a Village official or employee designated by the Mayor to exercise any power of the Mayor pursuant to this chapter, after application pursuant to this chapter.

B. Form of application. An application for a permit pursuant to this chapter shall be submitted in such form as may be prescribed by the Building Department; and if no such form is prescribed, such application may be made in any petition form which provides at least the information required by this chapter.

C. Applications. Application for permits shall be made only by the owner of the property where the activity is proposed to be conducted or by the authorized agent of such owner. Such application shall be filed with the Building Department and shall contain such information as reasonably may be required by the Village, including, without limitation, the following:

(1) A statement of the full name and residence of each of the persons having an interest in the premises as owner, tenant, lienor or otherwise.

(2) Written authorization from each such person having an interest in the premises describing the emergency preparedness practice proposed to be conducted on the premises.

(3) Written authorization from each relevant emergency service provider having jurisdiction to serve the property where the emergency preparedness practice is proposed to be conducted and from the Village Police Chief advising that the proposed practice has been authorized by such persons.

(4) The date and time when the emergency preparedness practice will take place.

D. Conditions. In granting any permit pursuant to this chapter, the Mayor may impose reasonable conditions and restrictions as the Mayor shall deem appropriate to protect the health, safety or welfare of the community, including, without limitation:

(1) A requirement for a bond or insurance policy, or both such bond and insurance policy, to protect and indemnify the Village for any claims or damages resulting from the proposed activity.

(2) Agreements from each emergency service provider participating in the proposed activity and from the owner of the property holding the Village of Great Neck Estates, its agents, officers and employees, harmless from and indemnifying them against any and all claims or losses, including attorneys' fees, which may result from the proposed practice activity or the consequences thereof. Such agreements shall be in a form approved by the Village Attorney prior to issuance of any permit pursuant to this chapter.

(3) Limitations or restrictions regarding the nature and type of chemicals or other substances which may be used as part of such emergency preparedness practice. Notwithstanding the foregoing, unless otherwise specifically allowed by a permit condition, no chemical or other substance which emits a noxious, unpleasant or irritating odor shall be used as part of such practice.

(4) Requirements for notice to be given to owners and occupants of property in the immediate vicinity of the site where the emergency preparedness practice is to occur. Notwithstanding the foregoing, unless other or different notice is specifically required by a permit condition, no such practice shall occur unless prior written notice has been given, at least 72 hours prior to the practice, to the owner or occupant of each property located in whole or in part within 500 feet of the practice site. Written documentation of such notice having been given shall be filed in satisfactory form with the Building Department prior to any practice taking place.

§ 105-4 Utilities.

No building, structure or property may be used for emergency preparedness practice unless all utility services have been disconnected, removed or sealed in conformity with the applicable regulations of the public utility or the agency having jurisdiction, unless the Mayor dispenses with such requirement.

§ 105-5 Demolition permit required.

In addition to any other requirement of this chapter, where a building or structure proposed to be used in any such emergency preparedness practice is proposed to be demolished in whole or in part, no such building or structure may be used for such practice purposes until a demolition permit has been obtained in accordance with the requirements of this Code.

§ 105-6 Exceptions.

The provisions of this chapter shall not apply to emergency preparedness activities conducted at any municipal property or at property where an emergency services provider maintains a regular location for the provision of such services, nor to the use of a school classroom or place of public assembly for the purpose of instruction on emergency preparedness, provided that no portion of any such building or property shall be set on fire intentionally as part of such activity.

§ 105-7 Prohibitions.

No person shall cause or permit any fire to be set intentionally in or to any portion of a building or structure or property pursuant to a permit granted pursuant to this chapter unless such permit expressly authorizes such activity.

§ 105-8 Disclaimer of liability.

This chapter shall not be construed, interpreted or applied to create liability on the part of the Village or any officer or employee thereof for any loss or damage that may result from reliance on this chapter or any determination lawfully made thereunder.