[Amended 6-22-1982 by L.L. No. 9-1982; 12-31-1996 by L.L. No.
18-1996]
A.
The chapter hereby adopted shall be enforced by the
Chief Fire Safety Inspector, Fire Safety Inspector, Assistant Fire
Safety Inspectors, and the Building Inspector. The Chief Fire Safety
Inspector and the Building Inspector are hereby authorized to delegate
said authority to other code enforcement officials of the Town of
Clarkstown at their discretion.
[Amended 6-19-2007 by L.L. No. 10-2007]
B.
The Chief Fire Safety Inspector of the Town of Clarkstown
and any Fire Safety Inspector or Assistant Fire Safety Inspectors
of the Town of Clarkstown shall serve under the immediate direction
and control of the Building Inspector of the Town of Clarkstown.[1]
[1]
Editor's Note: Former Subsection C, regarding the appointment,
compensation and civil service status of the Chief Fire Safety Inspector,
Fire Safety Inspector and Assistant Fire Safety Inspectors, which
immediately followed, was repealed 3-16-2010 by L.L. No. 1-2010.
Whenever the word "municipality" is used in
the chapter hereby adopted, it shall be held to mean the Town of Clarkstown,
Rockland County, New York, exclusive of any area of the Town within
an incorporated village.
[Amended 4-28-1976 by L.L. No. 3-1976; 12-13-1988 by L.L. No.
2-1988]
A.
The following fines and other penalties are hereby
imposed, in addition to the punishments imposed by other statute,
law or ordinance, on every person violating any of the requirements
or other provisions of this chapter:
[Amended 9-11-1991 by L.L. No. 6-1991; 3-14-1995 by L.L. No.
3-1995]
(1)
For a first offense, a fine not exceeding $2,500 or a sentence of
imprisonment not to exceed 15 days, or both.
[Amended 12-14-2017 by L.L. No.
10-2017]
(2)
For any subsequent violation, a fine not exceeding
$5,000 or imprisonment for a term not exceeding one year, or both
such fine and imprisonment, and such offense shall constitute a misdemeanor,
or a sentence of imprisonment not to exceed 15 days, or both.
[Amended 3-16-2010 by L.L. No. 1-2010; 12-14-2017 by L.L. No. 10-2017]
B.
A sentence to pay a fine which is imposed on a corporation
for an offense defined in this chapter shall be in conformity with
§ 80.10 of the Penal Law.
[Amended 9-25-1990 by L.L. No. 4-1990]
C.
The continuation of an offense against the provisions
of this chapter shall constitute, for each day the offense is continued,
a separate and distinct offense hereunder.
[Amended 6-22-1982 by L.L. No. 9-1982; 12-31-1996 by L.L. No.
18-1996]
The Chief Fire Safety Inspector, Fire Safety
Inspector or Assistant Fire Safety Inspectors may at all reasonable
hours enter any building or premises for the purpose of making any
inspection or investigation which, under the provisions of this chapter,
may be deemed necessary. (NOTE: See § 189 of the Town Law
for authority of a chief officer of a Fire Department or fire company
to inspect premises.)
[Amended 6-22-1982 by L.L. No. 9-1982; 12-31-1996 by L.L. No.
18-1996]
A.
It shall be the duty of the Chief Fire Safety Inspector,
Fire Safety Inspector or Assistant Fire Safety Inspectors to inspect
all buildings and premises except single-family and two-family dwellings
as often as may be necessary for the purpose of ascertaining and causing
to be corrected any condition liable to cause fire, contribute to
the spread of fire, interfere with fire-fighting operations or endanger
life or any violation of the provisions or intent of this chapter
or any other ordinance or law affecting fire safety.
B.
The Chief Fire Safety Inspector, Fire Safety Inspector
or Assistant Fire Safety Inspectors shall investigate the cause, origin
and circumstances of every fire occurring in the Town of Clarkstown
which is of an unknown cause or of a suspicious nature or involves
the loss of life or injury to persons or has caused substantial property
damage. Such investigation shall be made as soon as possible upon
the occurrence of any such fire and, if it appears that the fire is
the result of arson, the Chief Fire Safety Inspector shall immediately
notify the property authorities designated by law to investigate such
matters.
[Amended 6-22-1982 by L.L. No. 9-1982; 12-13-1988 by L.L. No.
2-1988; 6-13-1989 by L.L. No. 2-1989]
No person(s) or corporation shall permit any
of the following conditions, which are dangerous and/or present a
hazardous condition, to exist or occur within any building or structure
or upon any premises as follows:
A.
Any condition which is liable to cause or contribute
to the spread of fire in any premises, building or structure or endanger
any person.
B.
Any condition which would interfere with the efficiency
or use of any fire-protection equipment.
C.
The presence of persons in excess of the maximum number authorized by the Code Enforcement Official as evidenced by the occupancy limit sign which must be posted as per § 143-78C of this chapter.
D.
Any obstruction to a fire escape, stairway, passageway,
door or window in a premises likely to interfere with the emergency
egress of occupants or the operation of the Fire Department in case
of fire or other emergency.
E.
Any accumulation of dust or waste materials in air-conditioning
or ventilating systems.
F.
Any accumulation of grease in kitchen facilities,
including but not limited to exhaust ducts and cooking equipment,
or oil, grease or dirt upon, under or around any mechanical equipment.
G.
Any accumulation of rubbish, waste, paper, shavings
or other combustible material which results in a dangerous condition.
H.
Any condition arising from the defective installation
or improper use of electrical wiring, equipment or appliances.
I.
Any condition arising from defective or improperly
installed equipment for handling, storing or using combustibles, explosives
or otherwise hazardous materials.
J.
Any condition caused by the presence of dangerous
or unlawful amounts of combustible, explosive or otherwise hazardous
materials.
K.
Any building or structure which lacks sufficient exit
facilities, automatic fire-extinguishing system, fire alarm system
or fire-extinguishing equipment and thereby creates a hazardous condition.
L.
Any building or structure which, for the want of repairs
or by reason of age or dilapidated condition or by reason of fire
or any other cause, creates a hazardous condition. Every person owning
or having control of any vacant or fire-damaged building shall remove
all combustibles therefrom and lock, barricade or otherwise secure
all windows, doors and other openings in the building to prohibit
entry by unauthorized persons. Fire alarm, sprinkler and standpipe
systems shall be maintained in an operable condition at all times.
Exceptions: When the building has been cleared of all combustible
contents and debris, is secured against entry and conforms to §§
704.5 and 704.8 of the Building Code of New York State, fire protection
equipment is permitted to be disabled, subject to the approval of
the Code Enforcement Official. A notice that such equipment is disabled
shall be posted on the building in a location as directed by the Code
Enforcement Official and shall be provided to the Fire Department.
Where buildings will not be heated and fire protection systems will
be exposed to freezing temperatures, fire alarms and sprinkler systems
are permitted to be placed out of service and standpipes are permitted
to be maintained as dry systems, without automatic water supply, provided
the building has no contents or storage and windows, doors and other
openings are secured to prohibit entry by unauthorized persons.
[Amended 12-31-1996 by L.L. No. 18-1996; 3-16-2010 by L.L. No. 1-2010]
M.
All equipment, materials, processes or operations
which are in violation of the provisions and intent of this chapter.
[Amended 6-13-1989 by L.L. No. 2-1989; 3-16-2010 by L.L. No.
1-2010]
The service of orders for the correction of
violations of this chapter shall be made upon the owner, occupant
or other person responsible for the conditions either by delivering
a copy of the same to such person or by delivering the same to and
leaving it with any person in charge of the premises or, in case no
such person is found upon the premises, by affixing a copy thereof
in a conspicuous place on the door to the entrance of said premises.
Whenever it may be necessary to serve such an order upon the owner
of premises, such order may be served either by delivering to and
leaving with the said person a copy of said order or, if such owner
is absent from the jurisdiction of the officer making the order, by
sending such copy by first-class mail and certified mail to the owner's
last known post office address.
[Amended 4-9-1975 by L.L. No. 1-1975; 3-2-1977 by L.L. No. 3-1977; 6-2-1982 by L.L. No. 9-1982; 12-22-1987 by L.L. No. 12-1987; 5-14-1991 by L.L. No. 3-1991; 2-23-1993; 1-23-1996 by L.L. No. 1-1996; 3-16-2010 by L.L. No.
1-2010]
A.
An annual certificate of compliance shall be required
to maintain, store or handle materials, to conduct business transactions,
to conduct sales or to conduct processes which produce conditions
hazardous to life or property or which, by their nature, are fire
hazardous. Such certificate of compliance does not take the place
of any license required by law. It shall not be transferable, and
any change in use or occupancy of premises shall terminate any certificate
of compliance previously issued. Those occupancies, uses or activities
requiring certificates of compliance are:
[Amended 5-14-1991 by L.L. No. 3-1991; 3-16-2010 by L.L. No. 1-2010]
|
Business
| |
|
Dry cleaning
| |
|
Explosives
| |
|
Flammable liquids
| |
|
Garage
| |
|
Hazardous chemical storage
| |
|
Industrial
| |
|
Junkyard
| |
|
Liquefied petroleum gases
| |
|
Lumberyard
| |
|
Mercantile
| |
|
Multiple residence, including condominiums,
but excluding those condominiums whose units have individual outside
entrances without any common hallways
[Amended 2-23-1993] | |
|
Place of assembly, includes public assembly
| |
|
Service station
| |
|
Storage of readily combustible materials
| |
|
Welding or cutting
|
B.
Before a certificate of compliance may be issued,
the Chief Fire Safety Inspector, Fire Safety Inspector or Assistant
Fire Safety Inspectors shall make such inspections or tests or require
tests to be made as are necessary to assure that provisions of this
chapter are being complied with.
[Amended 12-31-1996 by L.L. No. 18-1996]
C.
Any certificate of compliance required under the provisions
of this chapter shall be issued by the Building Inspector upon the
approval of the Chief Fire Safety Inspector, and such certificate
of compliance shall be posted or displayed in a conspicuous place
on the premises.
[Amended 12-31-1996 by L.L. No. 18-1996]
D.
The Town Board shall establish uniform fees for the
issuance of such certificate of compliance and may require applicants
for certificates of compliance to submit written applications, supplying
under affidavit such information as the Town Board, upon the recommendation
of the Chief Fire Safety Inspector, may require.
[Amended 12-31-1996 by L.L. No. 18-1996]
E.
Annual fees for the certificates of compliance are
due and payable during the month of January. The fees shall be as
established from time to time by resolution of the Town Board and
filed with the Town Clerk.
[Amended 1-23-1996 by L.L. No. 1-1996]
A.
The Chief Fire Safety Inspector may revoke a certificate
of compliance or approval issued if any violation of this chapter
is found upon inspection or in case there has been any false statement
or misrepresentation as to a material fact in the application or plans
on which the certificate of compliance or approval was based.
[Amended 12-31-1996 by L.L. No. 18-1996]
B.
The violation of any federal, New York State or Rockland
County laws, or rules or regulations lawfully issued by any agency
of the aforesaid governments, or other laws, ordinances or rules of
the Town of Clarkstown, shall be sufficient grounds for refusal to
grant a certificate of compliance under authority of this chapter,
and such violation shall be sufficient grounds for revocation of such
a certificate of compliance after it has been issued.
Unless otherwise expressly stated, the following
terms shall, for the purpose of this chapter, have the meanings indicated
in this section:
Accepted by the Chief Fire Safety Inspector, as a result
of his investigation and experience or by reason of test, listing
or approval by the current edition of the Generally Accepted Standards
as defined in the State Building Construction Code.
[Amended 4-7-1976 by L.L. No. 2-1976; 12-31-1996 by L.L. No.
18-1996]
A system sounding an alarm as a result of the manual operation
of a fire alarm box or the operation of protection equipment or water
flowing in a sprinkler system, a discharge of carbon dioxide or other
fire suppression agent or the detection of heat and/or smoke. All
automatic fire alarm systems shall be directly connected into the
Rockland County Fire Control Center (44-Control), with no retransmission
of the signal to any other location by any other means.
Includes his duly authorized agent or attorney, a purchaser,
devisee, fiduciary and a person having a vested or contingent interest
in the property in question.
Includes an individual, corporation, partnership, association
or any other organized group of persons, or legal successor or representative
of any of the foregoing.
[Amended 9-11-1991 by L.L. No. 6-1991]
[1]
Editor's Note: This local law also repealed the former definitions
of “fire-resistance rating,” “ICC container”
and “mercantile occupancy,” which immediately followed.
[1]
Editor's Note: Former § 143-14, Exemption from liability,
as amended, was repealed 3-16-2010 by L.L. No. 1-2010.
[Amended 12-31-1996 by L.L. No. 18-1996]
The Chief Fire Safety Inspector shall have the
power to modify any of the provisions of this chapter, 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 this chapter, provided that the spirit of this chapter 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 Fire Safety Inspector thereon shall be entered
upon the records of the Department and a signed copy shall be furnished
the applicant.
