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Village of Ardsley, NY
Westchester County
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Table of Contents
Table of Contents
Code
New Laws (1) Index
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]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
[2]
Editor's Note: Former Section 2-1.1, which defined Fire Marshal and immediately preceded this section, was deleted at time of adoption of Code.
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]
[1]
Editor's Note: See § 112-14, Penalties for offenses.
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:
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.