The term "Board of Appeals," as used herein,
shall mean the Board of Trustees of the Village of Ardsley, which
also serves as the Board of Fire Commissioners.[2]
A.
The provisions of this chapter shall apply to all
buildings, structures, marine vessels, premises and conditions within
this jurisdiction. The provisions of this chapter shall apply equally
to existing, as well as new, buildings, structures, marine vessels,
premises and conditions, except that existing buildings, structures,
marine vessels, premises and conditions not in strict compliance with
this chapter may be permitted to continue unless in the opinion of
the Fire Marshal they constitute a distinct fire hazard to life or
the property of others based on available data.
B.
The provisions of this chapter do not apply to one-
and two-family dwellings in the normal use or maintenance thereof,
except that this chapter shall apply whenever the activity or use
of such dwelling creates a distinct fire hazard to life or the property
of others based on available data.
A.
The provisions of this chapter, as far as they are
substantially the same as existing provisions of law relating to the
same subject matter, shall be construed as restatements and continuations
thereof and not as new enactments.
B.
The adoption of this chapter or the repeal of any
other existing provision of law, including regulations or orders,
shall not be construed to alter any time limit which may have been
imposed by any existing law, regulation or order of the Fire Marshal
relating to compliance with such limits.
C.
This chapter is intended to be used in conjunction
with existing laws, and nothing in this chapter shall be construed
as rendering other applicable laws invalid. In any situation where
a conflict exists between a provision of this chapter and any existing
law, this chapter shall prevail.
D.
No permits set forth in this chapter shall be required
if the purpose of such permit is the same as any existing permit,
license, certificate or approval issued by this jurisdiction or other
governmental unit which has preempted this jurisdiction.
A.
Technical details regarding processes, methods, specifications,
equipment, testing and maintenance, design standards, performance,
installation or other pertinent criteria as contained in those standards
and codes published by the National Fire Protection Association and
listed in Appendix A of this chapter shall be considered a part of
this chapter.[1]
[1]
Editor's Note: Appendix A is located at the
end of this chapter.
B.
Applicable provisions of standards, laws, manuals,
guides and recommended good practices as listed in Appendix B are
not required but may be used by the Fire Marshal as appropriate criteria
for meeting the intent of this chapter when specific provisions do
not exist within this chapter or other nationally recognized codes,
standards or laws.[2]
[2]
Editor's Note: Appendix B is located at the
end of this chapter.
C.
Copies of the adopted codes and standards shall be
filed at a public office or offices as required by law and shall be
available for public reference.
A.
This chapter shall be administered and enforced by
the fire official designated by the governing authority of this jurisdiction
as having this responsibility. For purposes of this chapter, this
fire official is called the "Fire Marshal." He shall meet those qualifications
as may be set forth by the jurisdiction as being necessary to effectively
administer this chapter.
B.
Police and other law enforcement agencies having authority
in this jurisdiction shall render necessary assistance in the enforcement
of this chapter when requested to do so by the Fire Marshal.
A.
Whenever this chapter requires a particular system,
condition, arrangement, material, equipment or any other particular
provision, the Fire Marshal may accept alternatives, provided that
such alternatives shall afford a substantially equivalent level of
safety.
B.
Each application for an alternative shall be filed
with the Fire Marshal and shall be accompanied by such evidence, letters,
statements, results of tests or other supporting information as may
be required to justify the request. The Fire Marshal shall keep a
record of his actions on such applications, and a signed copy of his
decision shall be provided for the applicant.
A.
To the full extent permitted by law, any fire official
engaged in the fire prevention and inspection work is authorized at
all reasonable times to enter and examine any building, marine vessel,
vehicle or premises for the purpose of making firesafety inspections.
Before entering a private building or dwelling, the fire official
shall obtain the consent of the occupant thereof or obtain a court
warrant authorizing his entry for the purpose of inspection except
in those instances where an emergency exists. As used in this section,
"emergency" means circumstances which the fire official knows or has
reason to believe exist and which reasonably may constitute immediate
danger to life and property.
B.
Persons authorized to enter and inspect buildings,
marine vessels, vehicles and premises as herein set forth shall be
identified by proper credentials issued by this jurisdiction.
C.
It shall be unlawful for any person to interfere with
a fire official carrying out any duties or functions prescribed by
this code.
D.
It shall be unlawful for any unauthorized person to
use an official badge, uniform or other credentials so as to impersonate
a fire official for the purpose of gaining access to any building,
marine vessel, vehicle or premises in this jurisdiction.
Any application for, or acceptance of, any permit
requested or issued pursuant to this chapter constitutes agreement
and consent by the person making the application or accepting the
permit to allow the Fire Marshal to enter the premises at any reasonable
time to conduct inspections as required by this chapter.
The Fire Marshal shall have the authority to
investigate the cause, origin and circumstances of any fire or explosion
involving a loss of life, injuries to persons or destruction or damage
to property. When, in the opinion of the Fire Marshal, reasonable
cause exists that the fire or explosion may have been of incendiary
origin, the Fire Marshal shall have the authority to take custody
of all physical evidence relating to the cause of the fire or explosion
and to continue the investigation to conclusion. Proprietary information
which may relate to trade secrets or processes shall not be made part
of the public record except as may be directed by a court of law.
A.
The Fire Chief or Fire Marshal shall be responsible
for the administration and enforcement of this chapter to ensure compliance
therewith.
B.
The Fire Marshal shall be responsible for the issuance
of permits, certificates, notices, approvals and other orders pertaining
to fire control and fire hazards as provided for in this chapter.
C.
Qualifications of the personnel assigned to assist
the Fire Marshal in carrying out the inspection and enforcement procedures
required by this chapter shall be established on the basis of merit
by reason of education, experience, technical competence or examination.
D.
Members of the Fire Department may be required to
carry out inspection functions to accomplish the duties imposed by
this chapter.
A.
The Fire Marshal shall have the authority to summarily
abate any condition which is in violation of any provision of this
chapter and which presents immediate danger to life.
B.
Written notice. Except as provided in Subsection A of this section, whenever the Fire Marshal shall find any violation of this chapter, he shall report and discuss such violation with the owner, operator, occupant or other responsible person to determine a schedule and procedure for corrective action. He shall also issue written notices to confirm such findings and discussions as may be necessary to secure compliance with this chapter. Every notice shall set forth a time limit for compliance. Such time limit shall be correlated to the degree of hazard created by the violation and availability of means of abatement.
C.
Existing conditions. The Fire Marshal shall issue a written notice whenever he finds that a certain provision of this chapter shall be applied to existing conditions under the authority of § 112-18 of this chapter.
D.
Notice to be served. Any order or notice issued pursuant
to this chapter shall be served upon the owner, operator, occupant
or other person responsible for the condition or violation, either
by personal service or by delivering the same to, and leaving it with,
some person of responsibility upon the premises. For unattended or
abandoned locations, a copy of such order or notice shall be posted
on the premises in a conspicuous place at or near the entrance to
such premises, and the order or notice shall be mailed by registered
or certified mail, with return receipt requested, to the last known
address of the owner or occupant, or both.
A.
The Fire Marshal shall have the power to revoke, suspend
or deny the granting of any permit, approval or certificate required
by this chapter for noncompliance with the provisions of such a permit,
approval, certificate or failure to meet the provisions of this chapter
for the issuance of such permit, certificate or approval.
B.
Records required. The Fire Marshal shall keep a record
of all fire prevention inspections, including the date of such inspections
and a summary of any violations found to exist, the date of service
of notices and a memorandum of the final disposition of all violations.
All records required to be kept by this section shall be maintained
until their usefulness has been served or as otherwise may be required.
A.
Appointment. The Board of Appeals shall consist of
the Ardsley Village Board of Trustees and the Mayor of the Village
of Ardsley. The Board shall establish rules and regulations for conducting
its business and shall render all decisions and findings in writing
to the Fire Marshal, with a copy to the appellant. No member of the
Board of Appeals shall sit in judgment on any case in which he, personally,
is directly interested.
B.
Purpose. The Board of Appeals shall provide for reasonable
interpretation of the provisions of the code and rule on appeals from
decisions of the Fire Marshal.
C.
Duties. The Board of Appeals shall meet whenever directed
by the Mayor or any other two members for the purpose of interpreting
the provisions of this chapter and to consider and rule on any properly
filed appeal from a decision of the Fire Marshal, giving at least
five days' notice of hearing, but in no case shall it fail to meet
on an appeal within 30 days of the filing of notice of appeal. All
of the meetings of the Board shall be open to the public.
Pending final decision of the Board of Appeals,
the order of the Fire Marshal shall be stayed unless there is a distinct
fire hazard to life or the property of others based on available data
as determined by the Fire Marshal.
[Added 9-17-79 by L.L. No. 6-1979]
Public hearing. Appeals from decisions of the
Fire Marshal and/or his representative, referred to the Board of Appeals,
shall be heard in a public hearing scheduled for that purpose with
appropriate public notice and publication in at least one newspaper
widely circulated within the Village of Ardsley. All costs attendant
in the conduct of the public hearing, including publication of notice
and any fees and costs associated therewith, shall be borne by the
applicant.
Any person who fails to comply with the provisions
of this chapter or who fails to carry out an order made pursuant to
this chapter or violates any condition attached to a permit, approval
or certificate shall be subject to the penalties established by this
jurisdiction.[1]
A.
A permit shall be predicated upon compliance with
the requirements of this chapter and shall constitute written authority
issued by the Fire Marshal to maintain, store, use or handle materials
or to conduct processes which could produce, unless controlled, conditions
hazardous to life or property or to install equipment used in connection
with such activities. Any permit issued under this chapter shall not
take the place of any other license or permit required by other codes
or laws of this jurisdiction.
B.
A permit issued under this chapter shall continue
until revoked or for the period of time designated therein at the
time of issuance of the permit. The permit shall be issued to one
person or business only and for the location or purpose described
in the permit. Any change which affects any of the conditions of the
permit shall require a new permit.
C.
The Fire Marshal may grant an extension of the permit
time period upon presentation by the permittee of a satisfactory reason
for failure to start or complete the work or activity authorized by
the permit within the required time period of the permit.
D.
Permit required. In accordance with the detailed requirements
of the Village of Ardsley, a permit shall be obtained to conduct the
following operations or to store, handle or use those hazardous materials
which are considered to present an extra or unusual fire hazard to
life or property:
(1)
Bonfires and outdoor rubbish fires.
(2)
Combustible dust-producing operations.
(3)
Compressed and liquefied gases.
(4)
Explosive materials.
(5)
Flammable and combustible liquids.
(6)
Flammable finishing.
(7)
Fireworks.
(8)
Pyroxylin plastics (cellulose nitrate).
(9)
Welding, cutting and other hot work.
E.
Temporary permit. When a temporary hazardous situation
is anticipated for conditions not otherwise regulated by this chapter,
the Fire Marshal is authorized, based on applicable data, to issue
a temporary special permit for the duration of the hazard.
F.
Consolidated permit. Only one permit shall be required
for each location of a firm which may be required to obtain more than
one permit under permit requirements. Such consolidated permit shall
list all hazardous materials or operations covered by the permit.
Revocation of any portion or portions of such consolidated permit
for specific hazardous materials or operations shall not invalidate
any remaining portion of the permit.
A.
Application for permit. Applications for permits shall
be made to the Fire Marshal on forms provided by the jurisdiction
and shall include the applicant's answers in full to inquiries set
forth on such forms. Applications for permits shall be accompanied
by such data as may be required by the Fire Marshal and fees as may
be required by the jurisdiction.
B.
Review and issuance. The Fire Marshal shall review
all applications submitted, determine compliance with applicable provisions
of the code and issue permits as required. If an application for a
permit is rejected by the Fire Marshal, he shall advise the applicant
of the reasons for such rejection. Permits for activities requiring
evidence of financial responsibility by the jurisdiction shall not
be issued unless proof of required financial responsibility is furnished.
C.
Display of permits. A copy of the permit shall be
posted or otherwise readily accessible at each place of operation
or carried by the permit holder, as specified by the Fire Marshal.
A.
Authority to require exposure or stop work. Whenever
any installation that is subject to inspection prior to use is covered
or concealed without having first been inspected, the Fire Marshal
may require by written notice that such work be exposed for inspection.
The Fire Marshal shall be notified when the installation is ready
for inspection, and the Fire Marshal shall conduct the inspection
within a reasonable period of time.
B.
When any construction or installation work is being
performed in violation of the plans and specifications as approved
by the Fire Marshal, a written notice shall be issued to the responsible
party to stop work on that portion of the work which is in violation.
The notice shall state the nature of the violation, and no work shall
be continued on that portion until the violation has been corrected.
Any activity authorized by any permit issued
under this chapter shall be conducted by the permittee, his agents
or employees, in compliance with all requirements of this chapter
applicable thereto and in accordance with the approved plans and specifications.
No permit issued under this chapter shall be interpreted to justify
a violation of any provision of this chapter or any other applicable
law or regulation. Any addition or alteration of activities conducted
under a permit issued under this chapter or any addition or alteration
of approved plans or specifications shall be approved in advance by
the Fire Marshal, as evidenced by the issuance of a new or amended
permit.
Permits shall be issued by the Fire Marshal
and shall bear his name and signature or that of his designated representative.
In addition, the permit shall show:
The Fire Marshal shall examine the submitted
plans for evidence of compliance with this chapter. The Fire Marshal
may require tests or other investigations to be conducted by an agency
satisfactory to the jurisdiction when an appliance, device, equipment
or system intended for installation does not specifically meet the
requirements of this chapter. Such tests or investigations shall be
based upon nationally accepted test standards or principles.
A record of approvals and exceptions granted
shall be maintained in the office of the Fire Marshal and shall be
available to all persons for public inspection by appointment.
When certificates of fitness are required by
this jurisdiction for performance of activities related to firesafety,
the Fire Marshal shall be responsible for their issuance.