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.
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.
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.
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:
A. The operation or activities for which the permit is
issued.
B. The address or location where the operation or activity
is to be conducted.
C. The name and address of the permittee.
D. The permit number and date of issuance.
E. The period of validity of the permit.
F. The inspection requirements.
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.