[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[1]]
[1]
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[1]]
[1]
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:
A.
The nature or construction of the building or occupancy
and the nature and extent of the uses and operations conducted therein.
B.
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.
C.
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:
A.
Dangerous or unlawful amounts of combustible or explosive
or otherwise hazardous materials.
B.
Hazardous conditions arising from defective or improperly
installed equipment for handling or using combustible or explosive or otherwise
hazardous materials.
C.
Dangerous accumulations of rubbish, wastepaper, boxes,
shavings or other inflammable materials.
D.
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.
E.
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.
