[HISTORY: Adopted by the Board of Trustees of the Village of Pelham
Manor 8-9-1976 by L.L. No. 7-1976. Amendments
noted where applicable.]
There is hereby adopted by the Board of Trustees for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion the whole of that certain code known as the "Fire Prevention Code," Edition of 1976, recommended by the American Insurance Association, a copy of which is annexed hereto as "Exhibit A" and is hereby made a part of this chapter (such code being hereinafter sometimes called the "Fire Prevention Code" or "code"), as amended and supplemented by the provisions of §§ 112-4 through 112-8 hereof. From the date on which this chapter takes effect the Fire Prevention Code as so amended and supplemented shall be controlling within the limited of the Village of Pelham Manor.
A.
The Fire Prevention Code as amended and supplemented
by the provisions of this chapter shall be enforced by the Bureau of Fire
Prevention in the Fire Department of the Village of Pelham Manor, which is
hereby established and which shall be operated under the supervision of the
Chief of the Fire Department.
B.
The Chief of the Fire Department shall issue all licenses
and permits required under this chapter.
C.
The Chief of the Fire Department may detail such members
of the Fire Department as inspectors as shall from time to time be necessary.
D.
A report of the Bureau of Fire Prevention shall be made
annually and transmitted to the Mayor of the Village of Pelham Manor; it shall
contain all proceedings under the code, with such statistics as the Chief
of the Fire Department may wish to include therein; the Chief of the Fire
Department shall also recommend any amendments to the code which, in his judgment,
shall be desirable.
As used in this chapter, the following terms shall have the meanings
indicated:
The Attorney for the Village of Pelham Manor.
The Village of Pelham Manor.
The limits referred to in Section 12.5b of the Fire Prevention Code,
in which storage of explosives and blasting agents is prohibited, are hereby
established as follows: The storage of explosives and blasting agents is hereby
prohibited throughout all of the Village of Pelham Manor except for the temporary
storage of such agents on a site pending their use for which a permit shall
have been issued in accordance with Section 1.9 of the Fire Prevention Code.
Establishment of limits of districts in which storage of flammable liquids
in outside aboveground tanks and construction of bulk plants for flammable
or combustible liquids are prohibited:
A.
The limits referred to in Section 16.22a of the Fire Prevention Code in which storage of flammable liquids in outside aboveground tanks is prohibited are hereby established as follows: The storage of flammable liquids in outside aboveground tanks is hereby prohibited in all districts established by Chapter 210, Zoning, of the Village of Pelham Manor other than Industrial Districts. All such tanks lawfully maintained immediately prior to the adoption of this chapter are hereby exempted from this section.
B.
The limits referred to in Section 16.61 of the Fire Prevention Code in which new bulk plants for flammable or combustible liquids are prohibited are hereby established as follows: The construction of new bulk plants for flammable or combustible liquids is hereby prohibited in all districts established by Chapter 210, Zoning, of the Village of Pelham Manor other than Industrial Districts.
The limits referred to in Section 21.6 a of the Fire Prevention Code in which bulk storage of liquefied petroleum gas is restricted are hereby established as follows: The bulk storage of liquefied petroleum gases is hereby prohibited in an districts established by Chapter 210, Zoning, of the Village of Pelham Manor other than Industrial Districts. All such storage facilities lawfully maintained immediately prior to the adoption of this chapter are hereby exempted from this section.
Thirty-six-foot-wide fire lanes shall be marked and maintained in front
of, at the sides of and at the rear of all structures on the property used
and operated as a shopping center which is bounded on the north and northeast
by Pelham Parkway and on the southeast by the Boston Post Road.
The Fire Prevention Code is amended and supplemented in the following
respects:
A.
Section 1.9 thereof, captioned "Permits," is hereby amended
by inserting at the end thereof three additional paragraphs reading as follows:
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f.
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No permit may be issued for the manufacturing, transportation or use
of explosives until the applicant has been examined by the Chief of the Fire
Department to determine his competency to have, own, handle, sell, use, keep,
possess, manufacture, transport, carry, deliver, discharge or store explosives
and until such competency on the part of the applicant has been approved by
the Chief of the Fire Department or the Board of Trustees and the manner in
which said explosives are to be used, sold, stored, kept, possessed or discharged
is likewise approved and until the applicant has supplied to the Chief of
the Fire Department satisfactory proof that the applicant complied with Article
16 of the Labor Law of the State of New York and the Rules of the Board of
Standards and Appeals of the Labor Department of the State of New York.
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g.
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A permit, when issued, shall specify the particular job for which it
is issued, its location and a date of expiration.
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h.
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No permit shall be issued to an applicant who is not a citizen of the
United States.
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B.
Section 12.4 thereof, captioned "Bond Required for Blasting,"
is hereby amended to read as follows:
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No permit may be issued until the applicant has agreed to indemnify
all persons and the Village of Pelham Manor against loss, expense, cost or
damage direct or indirect of any kind or nature to persons or property resulting
from the applicant's manufacture, owning, storing, keeping, possessing,
transporting, carrying, delivering, discharging or using of such explosives
or from the prosecution of the work involving such explosives, directly or
indirectly. This liability and responsibility upon the part of the applicant
shall be absolute and shall not depend upon any question of negligence on
his part, the part of his agents, servants or employees, or the part of the
claimed and the neglect of anyone to direct the applicant to take any particular
precaution or to refrain from doing any particular thing shall not excuse
the applicant in case of any such damage. Before the issuance of any permit
the applicant shall have filed with his application a bond approved by the
Mayor or Village Attorney indemnifying all persons and the Village of Pelham
Manor, its agents, servants and employees against loss, expenses, cost or
damage direct or indirect of any kind or nature to persons or property resulting
from the manufacture, ownership, transportation, delivery, sale, discharge
or use of such explosives in any manner, directly or indirectly or the prosecution
of the work involving such explosives. This liability or responsibility upon
the part of the applicant which must be covered by indemnity bond as set forth
herein shall be absolute and shall not depend upon any question of negligence
on his part, the part of his agents, servants or employees or the part of
the claimant and the neglect of anyone to direct the applicant to take any
particular precaution or to refrain from doing any particular thing shall
not excuse the applicant in case of any such damage. The amount of said bond
of indemnity shall in no event be less than $40,000 or $20,000 for each vehicle
to be used in the transportation of explosives, whichever is greater, subject
to the right of the Board of Trustees of the Village of Pelham Manor to require
an indemnity bond in a greater sum or amount if in their discretion a bond
in a greater amount is required for the safety and welfare of the village,
its inhabitants or their property. The applicant shall also furnish the Village
of Pelham Manor with a policy of insurance issued by an insurance company
authorized to do and doing business in the State of New York, insuring the
Village of Pelham Manor, its officers and the employees and the person or
persons, corporation or corporations or contractor owning, manufacturing,
carrying, transporting, storing, keeping, possessing, delivering, discharging
or using said explosives and the person or persons, corporation or corporations,
doing any blasting or causing said blasting to be done and the owner of the
property whereon said explosives are being stored, kept, possessed, discharged
or used or, where blasting is being done against liability for damages arising
out of the ownership, manufacture, storage, possession, transportation, delivery,
discharge or use of said explosives or where blasting is being done, in the
sum of $200,000 for property damage, including but not limited to explosion,
collapse and underground damage, and $200,000 for personal injuries, including
death, for each person, and $500,000 for each accident.
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C.
Article 16, Division II, thereof, captioned "Tank Storage,"
is hereby amended by inserting at the end thereof an additional section reading
as follows:
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Section 112-16.28. Permit Required.
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No tank shall be installed, altered or repaired nor shall any tank be
cleaned unless a permit therefor shall have been issued by the Bureau of Fire
Prevention.
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The Chief of the Fire Department shall have power to modify any of the
provisions of the Fire Prevention Code upon application in writing by the
owner or lessee, or his duly authorized agent, when there are practical difficulties
in the way of carrying out the strict letter of the code, provided that the
spirit of the code shall be observed, public safety secured, and substantial
justice done. The particulars of such modification when granted or allowed
and the decision of the Chief of the Fire Department thereon shall be entered
upon the records of the Department and a signed copy shall be furnished the
applicant.
Whenever the Chief of the Fire Department shall disapprove an application
or refuse to grant a permit applied for, or when it is claimed that the provisions
of the code do not apply or that the true intent and meaning of the code have
been misconstrued or wrongly interpreted, the applicant may appeal from the
decision of the Chief of the Fire Department to the Board of Trustees within
30 days from the date of the decision by filing with the said Board a written
notice of appeal signed by the appellant or his attorney specifying the basis
upon which the appeal is taken.
The Building Inspector and the Chief of the Fire Department shall act
as a committee to determine and specify, after giving affected persons an
opportunity to be heard, any new materials, processes or occupancies, which
shall require permits, in addition to those now enumerated in said code. The
Chief of the Fire Department shall post such list in a conspicuous place in
his office, and distribute copies thereof to interested persons.
A.
Any person who shall violate any of the provisions of
the code hereby adopted or fail to comply herewith or who shall violate or
fail to comply with any order made thereunder, or who shall build in violation
of any detailed statement of specifications or plans submitted and approved
thereunder, or any certificate or permit issued thereunder, and from which
no appeal has been taken, or who shall fail to comply with such an order as
affirmed or modified by the Board of Trustees or by a court of competent jurisdiction,
within the time fixed herein, shall severally for each and every such violation
and noncompliance respectively, be guilty of a violation punishable by a fine
not exceeding $250. The imposition of one penalty for any violation shall
not excuse the violation or permit it to continue; and all such persons shall
be required to correct or remedy such violations or defects within a reasonable
time; and when not otherwise specified, each day that prohibited conditions
are maintained shall constitute a separate offense.
[Amended 5-14-1979 by L.L. No. 1-1979]
Section 31.01, Fees, is amended as follows:
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ARTICLE 31
FEES
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Section 31.01 Fees.
[Amended 4-26-1976 by L.L. No. 2-1976] | |
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a.
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The following fees shall be paid when a permit is issued and at each
renewal thereof: (The fees shall be as established by resolution of the Board
of Trustees.)
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