[Adopted 5-4-1993 as L.L. No. 4-1993]
This Article shall provide the basic method
for administration and enforcement of the New York State Uniform Fire
Prevention and Building Code in the Village of Lindenhurst and shall
establish powers, duties and responsibilities in connection therewith.
The Building Inspector and the Fire Marshal
are hereby designated to administer and enforce the New York State
Uniform Fire Prevention and Building Code within the Village of Lindenhurst.
A.
The Building Inspector and the Fire Marshal may adopt
rules and regulations for the administration and enforcement of the
New York State Uniform Fire Prevention and Building Code. Such rules
and regulations shall not conflict with the New York State Uniform
Fire Prevention and Building Code, this article or any other provision
of law.
B.
The Building Inspector and the Fire Marshal shall
publish all rules and regulations at least five days prior to the
effective date thereof in the official newspaper of the Village.
A.
Upon payment of the fee as prescribed in the schedule
of fees adopted by the Board of Trustees from time to time, permits
shall be issued by and bear the name and signature of the Building
Inspector or the Fire Marshal and shall specify:
B.
Permits shall not be transferable, and any change
in activity, operation, location, ownership or use shall require a
new permit.
C.
Permits shall continue until revoked or for a period
of time designated at the time of issuance. An extension of the permit
time period may be granted, provided that a satisfactory reason can
be shown for failure to start or complete the work or activity authorized
within the required time period.
D.
Permits shall be obtained for the following:
(1)
Acetylene generators: to operate an acetylene generator
having a calcium carbide capacity exceeding five pounds.
(2)
Automobile tire-rebuilding plants: to operate an automobile
tire-rebuilding plant.
(3)
Automobile wrecking yards: to operate an automobile
wrecking yard.
(4)
Bowling establishments: for bowling pin refinishing
and bowling lane resurfacing operations involving the use and application
of flammable or combustible liquids or materials.
(5)
Cellulose nitrate motion-picture film: to store, keep
or have on hand more than 25 pounds of cellulose nitrate motion-picture
film.
(6)
Cellulose nitrate plastics (pyroxylin):
(7)
Combustible fibers: to store, handle or use combustible
fibers in quantities in excess of 100 cubic feet, except agricultural
products on a farm.
(8)
Combustible materials: to store combustible materials,
including but not limited to empty combustible packing cases, boxes,
barrels or similar containers, rubber tires, baled cotton, rubber
cork or other similar materials in excess of 2,500 cubic feet gross
volume, on any premises.
(10)
Cryogenics: to store, handle or use cryogenic fluids,
except cryogenics used as a motor fuel and stored in motor vehicle
tanks, as follows:
(11)
Dry-cleaning plants: to use in excess of four gallons
of solvents or cleaning agents classified as flammable or combustible.
(12)
Dust-producing plants: to operate any grain elevator,
flour, starch or feed mill, woodworking plant or plant pulverizing
aluminum, coal, cocoa, plastics, magnesium, spices, sugar, sulfur
or other materials producing explosive-potential dust.
(14)
Flammable and combustible liquids:
(a)
To store, handle or use flammable liquids in
excess of 6 1/2 gallons inside dwellings or in excess of 10 gallons
inside any other building or other occupancy or in excess of 60 gallons
outside of any building. This provision shall not apply to liquids
in the fuel tank of a motor vehicle, aircraft, portable or stationary
engine, boat or portable heating plant; or paints, oils, varnishes
or similar flammable mixtures, when such liquids are stored for maintenance,
painting or similar purposes.
(b)
To store, handle or use combustible liquids
in excess of 25 gallons inside a building or in excess of 60 gallons
outside of a building. This provision shall to apply to fuel oil used
in connection with oil-burning equipment. A permit shall be obtained
for the initial installation of an oil burner and a fuel-oil tank
used in connection therewith. A permit shall be required for the replacement
of a fuel-oil tank connected to an oil burner.
(c)
For processing, blending or refining of flammable
or combustible liquids.
(15)
Flammable finishing: for spraying, coating or dipping
operations utilizing flammable or combustible liquids.
(16)
Fruit-ripening process: to conduct a fruit-ripening
process using ethylene gas.
(17)
Fumigation and thermal insecticidal fogging: to conduct
fumigation or thermal insecticidal fogging operations.
(18)
Hazardous chemicals:
(a)
To store, handle or use more than 55 gallons
of corrosive liquids; or more than 50 pounds of oxidizing materials;
or more than 10 pounds of organic peroxides; or more than 50 pounds
of nitromethane; or 1,000 pounds or more of ammonium nitrate, ammonium-nitrate
fertilizers and fertilizer mixtures containing 60% or more ammonium
or any amount of toxic material or poisonous gas.
(b)
To store, handle or use any quantity of air-reactive,
water-reactive or unstable materials.
(19)
Liquefied petroleum gas: for each installation of
liquefied petroleum gas employing a container or an aggregate of interconnected
containers of over 2,000 gallons' water capacity and for each permanent
installation, irrespective of size of containers, made at buildings
in which 20 or more persons congregate for civic, political, educational,
religious, social or recreational purposes. Installers shall maintain
a record of all installations and replacement of portable cylinders
and have it available for inspection.
(20)
Lumberyards: to operate a lumberyard.
(21)
Magnesium: for melting, casting, heat-treating, machining
or grinding of more than 10 pounds of magnesium per working day.
(23)
Organic coatings: to perform organic coating operations
utilizing more than one gallon of organic coating on any working day.
(24)
Ovens and furnaces: to operate industrial processing
ovens and furnaces operating at approximately atmospheric pressures
and temperatures not exceeding 1,400° F. which are heated with
oil or gas fuel or which, during operation, contain flammable vapors
from the material in the oven or catalytic combustion system.
(25)
Service stations and repair garages: to operate a
service station or repair garage.
(26)
Welding and cutting: to operate a welding and cutting
business. A record of all locations where welding or cutting operations
are performed shall be maintained and kept available for inspection
by the permit holder.
(27)
Adult nursing homes: to operate and maintain an adult
nursing home as defined by the State of New York.
[Added 3-18-2003 by L.L. No. 5-2003]
E.
Consolidated permits. When more than one permit is
required for the same property or premises, a single permit may be
issued listing all materials or operations covered. Revocation of
a portion or portions of such consolidated permit, for specific hazardous
materials or operations, shall not invalidate the remainder.
F.
Location of permits. Permits shall be kept on the
property or premises covered by the permit or carried by the permit
holder.
G.
Revocation of permits. Permits may be suspended or
revoked when it is determined that there is a violation of a condition
under which the permit was issued or that there has been misrepresentation
or falsification or material facts in connection with the permit application
or a condition of the permit.
A.
The Building Inspector or Fire Marshal shall conduct
periodic inspections for compliance with the provisions of the New
York State Uniform Fire Prevention and Building Code. Such inspections
may be made at any reasonable time.
B.
If entrance to make an inspection is refused or cannot
be obtained, the Building Inspector or Fire Marshal may apply for
a warrant to any court of competent jurisdiction to make an inspection.
A.
A person owning, operating, occupying or maintaining
property or premises within the scope of the New York State Uniform
Fire Prevention and Building Code or this article shall comply with
all the provisions of the New York State Uniform Fire Prevention and
Building Code, this article and all orders, notices, rules, regulations
or determinations issued in connection therewith.
B.
Whenever the Building Inspector or the Fire Marshal
finds that there has been a violation of the New York State Uniform
Fire Prevention and Building Code, this article or any rule or regulation
adopted pursuant to this article, a violation order shall be issued
to the person or persons responsible.
C.
Violation orders shall be in writing; shall identify
the property or premises; shall specify the violation and remedial
action to be taken; and shall provide a reasonable time limit for
compliance. A summons and/or appearance ticket may be issued simultaneously
with a violation order.
D.
Violation orders may be served by personal service;
by mailing by registered or certified mail; or by posting a copy thereof
in a conspicuous place on the premises and by mailing a copy thereof
to the premises on the same days as posted, enclosed in a postpaid
wrapper addressed to the person responsible.
E.
In case the owner, lessor, occupant or the agent of
any of them shall fail, neglect or refuse to remove, eliminate or
abate the violation within the time specified in the violation order,
a request to take appropriate legal action shall be made to the Mayor
of the Village of Lindenhurst.
A.
Any person committing an offense against any provision
of this article shall, upon conviction thereof, be guilty of a violation
pursuant to the Penal Law of the State of New York, punishable by
a fine of not less than $50, not more than $1,000 or a term of prison
not exceeding 15 days, or by both such fine and imprisonment. The
continuation of an offense against the provisions of this article
shall constitute, for each day the offense is continued, a separate
and distinct offense hereunder.
B.
In addition or as an alternative to the above provided
penalties, the Board of Trustees may also maintain an action or proceeding
in the name of the Village in a court of competent jurisdiction to
compel compliance with or to restrain by injunction the violation
of this article.
The Building Inspector shall keep official records
of all permits, inspection reports, recommendations, complaints and
violation orders.
Where practicable difficulties or unnecessary
hardship may result from enforcement of the strict letter of any provision
of the New York State Uniform Fire Prevention and Building Code, applications
for variances consistent with the spirit of the Code may be made to
the regional Board of Review in accordance with Part 440 of the New
York Codes, Rules and Regulation entitled "Uniform Code: Board of
Review" as promulgated by the New York Department of State.
