The title of this Part 2 shall be the "Village of Airmont Fire Prevention Code" (hereafter referred to as "this Part 2").
A.
It is the intent of this Part 2 to provide requirements for the safeguarding, to a reasonable degree, of life and property from the hazards of fire and explosion, arising from conditions hazardous to life or property in the use of or occupancy of buildings.
B.
This Part 2 is designed to supplement and expand upon the requirements of the New York State Uniform Fire Prevention and Building Code or successor standards adopted by New York State. Should there be a discrepancy between this Part 2 and the New York State Uniform Code or successor standards adopted by New York State, the more restrictive provision shall apply.
The provisions of this Part 2 shall apply equally to new and existing conditions, except for the requirements for sprinkler and fire alarm systems in existing premises. When existing premises are renovated, converted, or added to, and the cost of such addition, conversion, or renovation equals or exceeds 50% of the replacement cost of the premises, such premises shall be brought into full compliance with all provisions of this Part 2. Existing conditions not in strict compliance with the terms of this Part 2 may be permitted to continue where the exceptions do not constitute a distinct hazard to life or property. The Board of Appeals shall have the authority to grant a waiver for the existing condition upon the written application of the person owning the installation concerned.
A.
The Bureau of Fire Prevention shall function as a Board of Appeals for all matters covered by this Part 2. The Bureau of Fire Prevention shall consist of five members and shall be comprised of the Fire Inspector, the Building Inspector, the Chief of the Monsey Fire Department, the Chief of the Tallman Fire Department, and such other individual who shall be appointed by the Village Board of Trustees for a term of one year. The members shall serve without compensation.
B.
Such Board of Appeals shall hear and decide appeals from and review any order, requirement, decision, or determination made by an administrative official charged with the enforcement of this Part 2 or any amendment thereof. The concurring vote of a majority of the members of the Board shall be necessary to reverse any order, requirement, decision, or determination of any such administrative official. Such appeal may be taken by any aggrieved person or by any officer, department, board or bureau of the Village. Such appeal shall be taken within 60 days of the order, requirement, decision or determination sought to be reviewed, by filing with the officer from whom the appeal was taken and with the Board of Appeals a notice of appeal, specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the Board of Appeals all the papers constituting the record upon which the action appealed from was taken. An appeal stays all proceedings in furtherance of the action appealed from, unless, in the opinion of the administrative official charged with the enforcement of this Part 2, a stay would cause imminent peril to life or property, in which case the proceedings shall not be stayed otherwise than by an order granted by the Board of Appeals or Supreme Court on application on notice to the administrative official from whom the appeal is taken and only on due cause shown.
C.
The Board shall fix a reasonable time for the hearing
of the appeal, not to exceed 60 days after the filing of the notice
of appeal, and give notice at least five days prior to such hearing
by mailing notices thereof to the appellant and administrative official
and shall decide the same within 60 days of the conclusion of the
hearing. Upon the hearing, any party may appear in person or by agent
or by attorney. The Board of Appeals may reverse or affirm, wholly
or in part, or may modify, the order, requirement, decision or determination
appealed from and shall make such order, requirement, decision or
determination as in its opinion ought to be made.
