[HISTORY: Adopted by the Board of Trustees of the Incorporated Village of Bellerose: Art. I, 11-8-1976 by L.L. No. 14-1976; Art. II, 11-27-1978 as part of L.L. No. 17-1978. Amendments noted where applicable.]
[Adopted 11-8-1976 by L.L. No. 14-1976]
Editor's Note: Pursuant to L.L. No. 1-1976 which established the Code, the provisions of this article were originally designated as Ch. 27.
The Fire Prevention Code of the State of New York as promulgated by the State Building Code Council, with the approval of the Secretary of State pursuant to Article 18-A of the Executive Law of the State of New York, is declared to be applicable, in its entirety, within the boundaries of the Incorporated Village of Bellerose and shall govern, within such boundaries, all matters to which it is applicable, except in cases where the provisions of the Code of the Incorporated Village of Bellerose impose more restrictive standards, in which event the provisions of the Code of the Incorporated Village of Bellerose shall govern. Violations of the Fire Prevention Code of New York State shall be punished as prescribed by § 1-5 of the Code of the Incorporated Village of Bellerose, and each and every day on which said violation shall exist shall be considered a separate offense, subject to separate penalty.
[Adopted 11-27-1978 as part of L.L. No. 7-1978]
Editor's Note: Pursuant to L.L. No. 1-1976 which established the Code, the provisions of this article were originally designated as part of Ch. 10.
The Bureau of Fire Prevention and its Fire Inspectors shall inspect, as often as may be necessary but not less than once a year, all buildings and premises within the Incorporated Village of Bellerose, except the interiors of private one-family dwellings, and shall make such orders as may, in their discretion, be reasonable, necessary or helpful to remedy or remove any dangerous or hazardous conditions or materials.
In exercising the discretion hereby entrusted to it by the provisions of this article, the Bureau of Fire Prevention and its Fire Inspectors shall give due regard, among other things, to the following:
The nature or construction of the building or occupancy and the nature and extent of the uses and operations conducted therein.
The number of employees, occupants or others frequenting the premises and the character and amount of materials, goods and equipment kept, stored or maintained therein.
Any unusual or extraordinary features of the building or the operations conducted therein which affect the fire hazard.
Dangerous or hazardous conditions or materials shall include the following:
Dangerous or unlawful amounts of combustible or explosive or otherwise hazardous materials.
Hazardous conditions arising from defective or improperly installed equipment for handling or using combustible or explosive or otherwise hazardous materials.
Dangerous accumulations of rubbish, wastepaper, boxes, shavings or other inflammable materials.
Obstructions to or on fire escapes, stairs, passageways, doors or windows, liable to interfere with the operations of the Fire Department or egress of occupants in case of fire.
Any building or other structure which, for want of repairs, faulty wiring, electrical equipment, heating facilities or air-conditioning equipment, lack of adequate exit facilities, automatic or other fire alarm apparatus or fire extinguishing equipment or by reason of age or dilapidated condition or any other cause, creates a dangerous or hazardous condition according to recognized standards and practices for the prevention of fire or which produces a danger to persons or property from fire.
No person, firm or corporation in possession of or having control of any building or premises in the Incorporated Village of Bellerose shall permit or allow any dangerous or hazardous condition to exist in or upon such building or premises.
The owner, occupant, lessee or person in charge of any building or premises shall forthwith, after notice from the Bureau of Fire Prevention or its Fire Inspector to do so, correct any dangerous or hazardous conditions in or on such building or premises so that the premises, building, processes or materials shall be in such condition as to comply with this article and with the recognized standards and practices for the prevention of fire.
The recognized standards and practices for the prevention of fire shall be held to mean the standard practice and requirements as set forth in the Nassau County Fire Prevention Ordinance prescribing regulations for the control of fire hazards.
Orders made hereunder by the Bureau of Fire Prevention or by a Fire Inspector may be served on the owner, lessee or occupant of the building or premises personally or by delivering such copy to any person in charge of the building or premises. In case no such person is found on the premises, service may be made by affixing a copy of such order upon a conspicuous part of the property and be depositing an additional copy in a post office, addressed to such owner, lessee or occupant at his last known address.
Any person who fails to comply with any provision of this article or any person served in accordance with the provisions of this article with any order made by the Bureau of Fire Prevention or by a Fire Inspector, which person for three days after service shall neglect or fail to comply with such order, shall be deemed to have violated this article. Any person violating the provisions of this article or any part thereof shall be liable to a penalty not exceeding $100 for each offense. Any violation of this article or any part thereof shall also constitute disorderly conduct, and any person violating the same shall be a disorderly person. Whenever such person shall have been notified by the Bureau of Fire Prevention or a Fire Inspector, by service of a summons or in any other way, that he is committing such violation of this article, each day that he shall continue shall constitute a separate offense subject to a like penalty.