[Adopted as Ch. 100, Art. III, of the 1976
Code]
It shall be the joint duty of the Fire Inspector
and Building Inspector to enforce all laws relating to the prevention
of fires; the installation and maintenance of automatic and other
private fire alarm systems and fire extinguishing equipment; and the
means and adequacy of exits, in case of fire from factories, schools,
hotels, lodging houses, hospitals, churches, halls, theaters and all
other places in which numbers of persons work, live or congregate
from time to time for any purpose.
The Fire Inspector or Building Inspector shall
investigate the cause, origin and circumstances of every fire occurring
in the Village by which property has been destroyed or damaged or
injury or death sustained by any person. If the fire be of suspicious
or undetermined origin, immediate notification shall be given to the
Nassau County Fire Marshal.
The Fire Inspector or Building Inspector at
all reasonable hours may enter any buildings or premises for making
any inspection or investigation necessary under the provisions of
this article or under the Multiple Residence Law of the State of New
York or under any applicable law, ordinance or regulation.
The Fire Inspector or Building Inspector shall
inspect, as often as may be necessary, all buildings and premises,
except the interiors of private detached dwellings and interiors of
buildings accessory to such private detached dwellings, and make such
order as may, in his discretion, be reasonable, necessary or helpful
to remedy or remove any dangerous or hazardous conditions or materials.
The Fire Inspector or Building Inspector, after
requisite inspection, may order "no smoking" signs to be placed by
the owner, lessee, tenant or occupant in or upon any building or premises
other than private detached dwellings and buildings accessory to private
detached dwellings and other than within private apartments in multiple
dwellings or multiple residences, when such "no smoking" signs and
the enforcement thereof shall be reasonably necessary or helpful in
the prevention of fire.
In exercising the discretion entrusted to them
by this article, the Fire Inspector or Building Inspector shall give
due regard, among other things, to the following:
A.
The nature or construction of the building or occupancy.
B.
The nature and extent of the uses, accessory uses
or operations conducted therein.
C.
The character of the neighborhood and adjoining occupancies.
D.
The number of employees, occupants, transients or
others frequenting the premises.
E.
The character and amount of materials, goods and equipment
kept, stored or maintained therein.
F.
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, explosive
or otherwise hazardous materials.
B.
Hazardous conditions arising from defective or improperly
installed equipment for handling or using combustible, explosive or
otherwise hazardous materials.
C.
Dangerous accumulations of rubbish, wastepaper, boxes,
shavings or other highly flammable materials.
D.
Accumulations of dust or waste material in air conditioning
or ventilating systems or of grease in kitchen or other exhaust ducts.
E.
Obstructions to or on fire escapes, stairs, passageways,
doors or windows, which obstructions are liable to interfere with
the operations of the Fire Department or egress of occupants in case
of fire.
F.
Any building or other structure which, for want of
repairs or lack of adequate exit facilities, automatic or other fire
alarm apparatus or fire extinguishing equipment or by reason of age
or dilapidated condition or from any other cause, creates a hazardous
condition.
The owner, lessee, tenant or occupant of any
building or premises shall forthwith, after notice from the Fire Inspector
or Building Inspector so to do, correct any conditions in or on such
building or premises and supply, post and maintain any signs or notices
required by law, ordinance, rules or regulation relative to fire prevention.
Orders may hereunder by the Fire Inspector or
Building Inspector may be served upon the owner, lessee, tenant or
occupant of the building 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 by
depositing an additional copy in a post office, addressed to such
owner, lessee, tenant or occupant, by registered mail, at his last
known address.
Failure of any owner, lessee, tenant, occupant
or transient to comply with any order of the Fire Inspector or Building
Inspector, made pursuant to the provisions of this article or any
other law, ordinance, rule or regulation, or failure to conform to
any lawful requirement of the Fire Inspector or Building Inspector,
of which failure notice shall have been given by sign or otherwise,
pursuant to this article, shall be deemed a violation of this article.
A person served with any order made by the Fire
Inspector or Building Inspector in accordance with the provisions
of this article who for three days after service shall neglect or
fail to comply with such order shall be deemed to have violated this
article.[1]
