It is the intent of this chapter to dissolve the Department of Fire Services and repeal Chapter
20 of the Town Code of the Town of Colonie and to create the Division of Fire Services in the Building Department of the Town of Colonie under the supervision of the Commissioner of Public Works. It is also the intent of this chapter to describe the function of the Division of Fire Services and to prescribe some regulations consistent with nationally recognized good practice for the safeguarding, to a reasonable degree, of life and property from the hazards of fire and explosion arising from the storage, handling and use of hazardous substances, materials and devices and from conditions hazardous to life or property in the use or occupancy of buildings or premises.
This chapter shall be known and may be cited as the "Division
of Fire Services Local Law of the Town of Colonie."
Unless otherwise expressly stated, the following terms shall,
for the purpose of this chapter, have the meanings indicated in this
section.
APPROVED
Accepted by the Chief of the Division of Fire Services as
a result of his investigation and experience or by reason of test,
listing or approval by Underwriters' Laboratories, Incorporated; the
National Bureau of Standards; the American Gas Association Laboratories
or other nationally recognized testing agencies.
CHIEF
The Chief of the Division of Fire Services and the person
in charge of the day-to-day operations of the Fire Services Division.
FIRE DEPARTMENT
Any board of fire commissioners, fire district, fire department,
fire company, or village fire department located in the Town of Colonie
or which provides fire-fighting services in the Town of Colonie pursuant
to contract with the Town in a fire-protection district.
FIRE SERVICES
The Division of Fire Services in the Building Department
of the Town of Colonie.
INVESTIGATOR
Any member of the Division of Fire Services, the Building
Department or the Police Department with investigatory duties and
powers, including, but not limited to, the Chief and Fire Protection
Specialists.
NYS FIRE CODE
The Fire Code of New York State, as promulgated pursuant
to Title 19 of the Official Compilation of Codes, Rules and Regulations
of The State of New York, and further refined in amendments, articles
and guidance documents pertaining thereto provided by the Secretary
of State pursuant to § 381 of the Executive Law.
OWNER
The owner of real property, including his duly authorized
agent or attorney, a mortgagee or vendee in possession, assignee of
rents, purchaser, devisee, fiduciary and any other person having a
vested or contingent interest in the property in question.
Any investigator as defined herein or inspector in the Division
of Fire Services may, at all reasonable hours, enter any building
or premises, with the consent of the owner or occupant or with a search
warrant, for the purpose of making any inspection or investigation
which, under the provisions of this chapter, he may deem necessary
to be made.
Whenever the Division of Fire Services shall find in any building,
vehicle or vessel or upon any premises dangerous or hazardous conditions
or materials as follows, it shall order such dangerous conditions
or materials to be removed or remedied in such manner as may be specified
by the Chief:
A. Dangerous or unlawful amounts of combustible or explosive or otherwise
hazardous materials.
B. Hazardous conditions arising from defective or improperly installed
equipment for handling or using combustible or explosive or otherwise
hazardous materials.
C. Dangerous accumulations of rubbish, waste paper, boxes, shavings
or other highly flammable materials.
D. Dangerous 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 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, 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.
G. Any violation of this chapter of the Code of the Town of Colonie.
No building or structure or part thereof erected or altered
in accordance with this chapter shall be occupied for use until an
inspection of the same has been conducted by the Division of Fire
Services and an appropriate letter of compliance issued.