It shall be unlawful for any person to violate
this chapter, to permit or maintain such violation, to refuse to obey
any provision thereof or to fail or refuse to comply with any such
provision or regulation, except as variation may be allowed by the
action of the Fire Marshal in writing. Proof of the unlawful act or
failure shall be deemed prima facie evidence that such act is that
of the owner or other person in control of the premises. Prosecution
or lack thereof of either the owner, occupant or the person in charge
shall not be deemed to relieve any of the others.
It shall be the duty of the Fire Marshal of
the Ardsley Fire Department to investigate and to recommend to the
Village of Ardsley such additional local laws or amendments to existing
local laws as he may deem necessary for safeguarding life and property
against fire.
The Fire Chief of the Fire Department shall
prepare instructions for the Fire Marshal and his assistants and forms
for their use in the reports required by this chapter.
The Bureau of Fire Prevention shall investigate
the cause, origin and circumstances of every fire occurring in the
Village of Ardsley by which property has been destroyed or damaged
and, so far a possible, shall determine whether the fire is the result
of carelessness or design. Such investigations shall begin immediately
upon the occurrence of such a fire. The Fire Marshal shall take charge
immediately of the 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 collection of evidence
and in the prosecution of the case. Every fire shall be reported in
writing to the Bureau of Fire Prevention within 10 days after the
occurrence of the same by the Fire Department officer in whose jurisdiction
such a fire has occurred. Such report shall be in such form as shall
be prescribed by the Fire Marshal of the Ardsley Fire Department and
shall contain a statement of all facts relating to the cause, origin
and circumstances of such fire, the extent of damage thereof and such
other information as may be required, including the injury, death
or rescue of persons.
The Fire Marshal shall compile and keep a record
of all fires and of all the facts concerning the same, including injuries,
death, rescue of persons and statistics as to the extent of such fires
and the damage caused thereby.
The Fire Marshal shall make an annual report
of the activities of the Bureau of Fire Prevention and shall transmit
this report to the Chief Executive Office of the Village of Ardsley
through the Fire Chief of the Ardsley Fire Department. The report
shall contain all proceedings under the Ardsley Fire Prevention Code.
The Fire Chief of Ardsley Fire Department or
the Fire Marshal shall also recommend any amendments to the Ardsley
Fire Prevention Code which, in his judgment, shall be desirable.
The provisions of the Ardsley Fire Prevention
Code shall apply equally to both public and private property, and
it shall apply to all structures and their occupants except as otherwise
specified.
This chapter shall be deemed an exercise of
the police powers of the Village of Ardsley for the preservation and
protection of the public health, peace, safety and welfare, and all
the provisions of the Ardsley Fire Prevention Code shall be liberally
construed for that purpose.
Any person committing an offense against any
provision of this chapter shall, upon conviction thereof, be guilty
of a violation pursuant to the Penal Law of the State of New York,
punishable by a fine not exceeding $250 or by imprisonment for a term
not exceeding 15 days, or by both such fine and imprisonment. The
continuation of an offense against the provisions of this chapter
shall constitute, for each day the offense is continued, a separate
and distinct offense hereunder.
A Board of Appeals is hereby established.
Certain appendixes of the Fire Prevention Code
of the National Fire Protection Association, NFPA No. 1, are hereby
included as a part of this Fire Prevention Chapter. The same are hereby
adopted and are marked Appendix B, respectively.