All electrical appliances, fixtures, and wiring
shall be installed in accordance with the current edition of the National
Electrical Code (NFPA 70). All electrical appliances, fixtures, and
wiring shall be maintained so as not to be a fire hazard nor a source
of ignition for combustible or hazardous substances, materials or
devices.
Where smoking is considered a fire hazard, the
Fire Inspector or Assistant or Deputy Fire Inspectors shall be authorized
to order the owner in writing to post "NO SMOKING" signs in conspicuous
designated locations where smoking is prohibited. In areas where smoking
is permitted, noncombustible ashtrays shall be provided.
[Amended 4-4-2022 by L.L. No. 1-2022]
A. Definitions. As used in this section, the following terms shall have
the meanings indicated.
BONFIRE
An outdoor fire utilized for ceremonial purposes.
GARBAGE
The animal and vegetable waste resulting from the handling,
preparation, cooking and serving of food.
OPEN FIRE
Any open fire or outdoor smoke-producing process from which
air contaminants are emitted directly into the outdoor atmosphere.
RECREATIONAL FIRE
A recreational fire; an outdoor fire burning materials other
than rubbish where the fuel being burned is not contained in an incinerator,
outdoor fireplace, barbeque grill or barbeque pit and has a total
fuel area of two feet (610 mm) or less in diameter and two feet (610
mm) or less in height for pleasure, religious, ceremonial, cooking,
warmth or similar purposes (per 2010 Fire Code of New York State).
REFUSE
All waste material, including, but not limited to, garbage,
rubbish, incinerator residue, street sweepings, dead animals and general
waste.
RUBBISH
Solid or liquid waste material, including, but not limited
to, paper and paper products; rags; trees or leaves, needles and branches
therefrom; vines; lawn and garden debris; furniture; cans; crockery;
plastic cartons; chemicals; paint; grease; sludge; oils and other
petroleum products; lumber; sawdust; demolition materials; tires;
and automobiles and other vehicles and parts for junk, salvage or
disposal.
B. Prohibited burning. The following fires are prohibited in the Village
of Airmont.
(1) The burning of garbage, refuse and rubbish in any manner is prohibited.
(2) All open fires are prohibited in the Village of Airmont, with the
exception of those in conformity with the provisions of this article.
(3) The use of grills, barbecues, or other devices for open burning or
for outdoor cooking is prohibited in, upon or within 25 feet of multiple
dwelling structures. The storage of propane or any other fuel used
for any such devices inside any multiple dwelling shall also be prohibited.
C. Permitted burning. Burning in an open fire, provided that it is not
contrary to any other federal, state, county or local law ordinance,
rule or regulation, will be permitted as follows:
(1) Bonfires. Bonfires shall be permitted only for a publicly sponsored
celebration or event, an organization-sponsored event, or for a public
or private school sponsored event. Said bonfires shall be subject
to the filing and approval of an open burning permit application with
the Village Clerk's office, prior to any bonfire being lit and taking
place. No fire shall be ignited prior to an on-site inspection of
the location where the bonfire is to take place and shall be subject
to any and all conditions or restrictions the Fire Marshall's office
may impose for the safety of life and property. No fire shall be ignited
prior to the issuance of an open burning permit by the Fire Marshall's
office, and the Fire Department shall be notified 48 hours prior to
igniting any bonfire permitted by the Fire Marshall's office.
(2) Outdoor cooking. Open burning will be permitted for outdoor cooking
when the fire is limited to the minimal size necessary and contained
in a device or cooking utensil commonly referred to as a "grill, hibachi,
or smoker" designated for outdoor cooking purposes. Fuels for outdoor
cooking will be limited to charcoal or charcoal briquettes, natural
gas, LP gas and wooden chips. All applicable and/or reasonable safety
precautions shall be taken when using said devices or utensils. Outdoor
cooking shall not be permitted on balconies, covered porches or covered
patios.
(3) Recreational fires. Natural gas or LP gas outdoor fireplaces or firepits
with ceramic logs, untreated wood and unpainted wood shall be permitted,
provided that such appliance conforms to all other applicable Village
codes. All other forms of recreational fires are prohibited.
(a)
A recreational fire or any outdoor open fire shall not be greater
than two feet in height and two feet in length in width and diameter,
and shall be contained in a fire-approved device. Said fire shall
be a minimum of 25 feet away from any structure, including wooden,
plastic and/or vinyl fences, and shall not be left unattended until
fully extinguished.
(b)
A recreational fire shall not be conducted within 25 feet of
a structure or combustible material. Conditions which could cause
a fire to spread within 25 feet of a structure shall be eliminated
prior to ignition.
(c)
A working garden hose and/or fire extinguisher shall be present
at all times.
(d)
Notwithstanding the foregoing, in the event that an otherwise permitted recreational fire shall cause a nuisance or harm to a neighboring residence or occupants of said residence due to specific health issues related to said home or occupants, then the individuals charged with enforcing said provisions of this section under Subsection
E shall retain the right, in their discretion, to limit or prohibit said fire.
D. Control of fires within the Village. If, in the opinion of the Fire
Inspector or Fire Chief, weather conditions are such that the starting
or the continuation of burning is a risk to life, health, safety or
property within the Village, said officials shall have the right to
declare that any and all burning shall cease immediately until further
notice.
E. Enforcement. The Fire Inspector, Fire Chief and such fire-fighting
personnel as the Fire Chief designates, along with officers of the
Town of Ramapo Police Department, are hereby vested with authority
to enforce the provisions of this section. The Fire Department is
hereby authorized to extinguish any open burning fire being conducted
in violation of any of the provisions of this section.
F. Penalties for offenses.
(1) Any violation by a person, firm or corporation of any provision of
this section shall be deemed a violation pursuant to Penal Law of
the State of New York, punishable by a fine not exceeding $250 or
by imprisonment for a term not exceeding 15 days or both.
(2) Any person who takes part in or assists in any violation of this
section shall be subject to the penalties provided therein.
(3) Each day (twenty-four-hour period) that a violation of this section
is committed or permitted to exist shall be deemed to constitute a
distinct and separate violation.
Where the use of security gates is permitted,
such gates shall provide unobstructed view of at least 50% of the
door(s), window(s) or other building opening which is protected by
the security gate when the security gate is in place.