City of Kingston, NY Fire Prevention

[Adopted 8-7-1984 by L.L. No. 3-1984, approved 8-28-1984, as Ch. 53, Art. I, of the 1984 Code; amended in its entirety 12-2-1997 by L.L. No. 4-1997, approved 12-17-1997]

§ 233-1 Adoption by reference.

Chapter C of the New York State Uniform Fire Prevention and Building Code is hereby adopted in its entirety by the City of Kingston, New York.

§ 233-2 (Reserved) [1]

[1]

Editor's Note: Former § 233-2, Penalties for offenses, was repealed 12-16-1999 by L.L. No. 2-2000, approved 1-3-2000.

Article II Administration and Enforcement

[Adopted 8-7-1984 by L.L. No. 3-1984, approved 8-28-1984, as Ch. 53, Art. I, of the 1984 Code]

§ 233-3 Purpose.

[Amended 2-6-1986 by L.L. No. 1-1986; approved 2-25-1986]

This article shall provide the basic method for administration and enforcement of Chapter C of the New York State Uniform Fire Prevention and Building Code in the City of Kingston, New York, and shall establish powers, duties and responsibilities in connection therewith.

§ 233-4 Administration.

[Amended 2-6-1986 by L.L. No. 1-1986; approved 2-25-1986]

There is hereby designated the Fire Chief or his authorized designees to administer and enforce Chapter C of the New York State Uniform Fire Prevention and Building Code within the City of Kingston, New York.

§ 233-5 Additional rules and regulations.

[Amended 2-6-1986 by L.L. No. 1-1986, approved 2-25-1986; 12-16-1999 by L.L. No. 2-2000, approved 1-3-2000]

The Mayor of the City of Kingston may adopt rules and regulations for the administration and enforcement of Chapter C of the New York State Uniform Fire Prevention and Building Code. Such rules and regulations shall not conflict with Chapter C of the New York State Uniform Fire Prevention and Building Code, this article or any other provision of law.

[Amended 2-6-1986 by L.L. No. 1-1986; approved 2-25-1986]

The Mayor of the City of Kingston shall publish all rules and regulations at least 14 days prior to the effective date thereof in a newspaper of general circulation within the City of Kingston, New York.

§ 233-6 Inspections.

The Fire Chief shall cause the Fire Prevention Officer to conduct periodic inspections for compliance with the provisions of Chapter C of the New York State Uniform Fire Prevention and Building Code. Such inspections may be made at any reasonable time.

[Amended 2-6-1986 by L.L No. 1-1986; approved 2-25-1986]

If entrance to make an inspection is refused or cannot be obtained, the Fire Prevention Officer may apply for a warrant to make an inspection to any court of competent jurisdiction.

The following guidelines will be used to establish areas of responsibility for conducting inspections:

[Amended 12-16-1999 by L.L. No. 2-2000, approved 1-3-2000; 3-5-2019 by L.L. No. 1-2019, approved 3-19-2019]

Department	Group	Type of Use
Building Department	Group A1	Premises of one- and two-family dwellings
Building Department	Group A2	Premises of mobile homes and parks
Building Department	Group A3	Premises of recreational vehicles and parks
	Group B1	Multiple dwellings
Building Department		Buildings containing one- or two-family dwelling units with more than 4 lodgers residing with a family in either one of such dwelling units
Building Department		Buildings containing 3 or more dwelling units
Fire Department		Apartment houses and apartment hotels
Fire Department		Hotels
Building Department		Lodginghouses; building with sleeping accommodations for more than 5 persons used or occupied as a club, dormitory, fraternity or sorority house, or for similar uses
Fire Department and Building Department		Garden apartments
Fire Department		Motels
	Group B2	Multiple Dwellings
Fire Department		Old age and nursing homes other than Group B3 occupancy
	Group B3	Multiple dwellings
Fire Department		Buildings for senior citizens, intended primarily for persons 62 years old or more, who are in good physical condition and do not require physical assistance
	Group C1	Business
Fire Department		Buildings in which the primary or intended occupancy or use is the transaction of administrative business, civic or professional service. This group includes but is not limited to the following: Administration buildings Banks Clinics Libraries Offices and office buildings Professional buildings
	Group C2	Mercantile
Fire Department		Buildings in which the primary or intended occupancy or use is the display and sale of public goods, wares and merchandise. This group includes but is not limited to the following: Display rooms Markets and supermarkets Sales rooms and show rooms Stores and shops
	Group C3A	Industrial
Fire Department		Buildings which may be frequented by the public in which the primary or intended occupancy or use is repairing, cleaning, laundering, baking and similar operations. This group includes but is not limited to the following: Bakeries Dry-cleaning plants Laundries Motor vehicle repair shops Motor vehicle service stations
	Group 3CB	Industrial
Fire Department		Buildings in which hazardous materials are manufactured, processed, stored, handled or used. Such material shall include products with the following characteristics: Burn with extreme rapidity Produce dust subject to explosion or spontaneous combustion Produce poisonous fumes or gases Explode
	Group C4	Storage
Fire Department		Buildings which may be frequented by the public in which the primary or intended occupancy or use is the storage of goods, merchandise, products and vehicles. This group includes but is not limited to the following: Aircraft hangars Cold storage Fur storage Furniture warehouse Lumberyards Open parking structures Passenger vehicle and truck storage Stables Truck terminals
	Group C5	Assembly
Fire Department and Building Department		Buildings in which the primary or intended occupancy or use is the assembly for amusement, athletic, dining, educational entertainment, recreational, religious, social, sports and similar purposes. This group includes but is not limited to the following: Airports and heliports Amusement parks Armories Art galleries Assembly halls Auditoriums Bowling alleys Churches, synagogues and similar places of worship Club rooms Coliseums and stadiums Dance halls Discotheques Exhibition halls Grandstands Gymnasiums Indoor tennis courts with seating for spectators Lecture halls Lodge rooms Marine public transportation Facilities Museums Nightclubs Railroad and bus stations Recreation centers Restaurants Schools, colleges and similar places of education Skating rinks Theaters
	Group C6	Institutional
Fire Department		Buildings in which the primary or intended use is for persons domiciled or detained under supervision. This group includes but is not limited to the following: Child care institutions and centers Detention homes Hospitals and health care facilities Houses of correction Infirmaries Jails Mental hospitals Penitentiaries Prisons Reformatories Sanitariums
	Group C7	Miscellaneous
Building Department		Property in which the primary or intended occupancy or use is not included in the groups listed above. This group includes but is not limited to the following: Cooling towers
Building Department		Dockside vessels serving as buildings
Building Department		Freestanding chimneys
Building Department		Junkyards
Fire Department		Marinas and boatyards
Fire Department		Outdoor general storage
Fire Department		Piers and wharves
Fire Department		Tanks
Building Department		Temporary buildings
Fire Department		Tents and air-supported structures
Fire Department		Wrecking yards

§ 233-7 Violations.

A person owning, operating, occupying or maintaining property or premises within the scope of Chapter C of the New York State Uniform Fire Prevention and Building Code or this article shall comply with all the provisions of Chapter C of the New York State Uniform Fire Prevention and Building Code, this article and all orders, notices, rules, regulations or determinations issued in connection therewith.

[Amended 2-6-1986 by L.L. No. 1-1986; approved 2-25-1986]

Whenever the Fire Prevention Officer finds that there has been a violation of Chapter C of the New York State Uniform Fire Prevention and Building Code, this article or any rule or regulation adopted pursuant to this article, a violation order shall be issued to the person or persons responsible.

[Amended 2-6-1986 by L.L. No. 1-1986; approved 2-25-1986]

Violation orders shall be in writing; shall identify the property or premises; shall specify the violation and remedial action to be taken; shall provide a reasonable time limit for compliance; and shall state the time limit within which an appeal may be taken.

Violation orders may be served by personal service; by mailing by registered or certified mail; or by posting a copy thereof in a conspicuous place on the premises and by mailing a copy thereof to the premises on the same day as posted, enclosed in a postpaid wrapper addressed to the person responsible.

In case the owner, lessor, occupant or the agent of any of them shall fail, neglect or refuse to remove, eliminate or abate the violation within the time specified in the violation order, a request to take appropriate legal action shall be made to the Corporation Counsel of the City of Kingston, New York.

Notwithstanding any provision contained in this article, the Fire Prevention Officer shall have the authority to order the immediate correction of any condition which, in his or her judgment, constitutes a life hazard or immediate danger to life and which is a violation of this or any other applicable local law, ordinance or resolution or state or federal law for the resolution of fire safety.

[Added 3-3-1981 by L.L. No. 1-1981; approved 3-24-1981]

A life hazard or immediate danger to life is any situation, process, material or condition which constitutes an imminent risk of fire or explosion or provides a ready fuel supply to augment the rapid spread or intensity of a fire or explosion and which, if not corrected, immediately imperils human life. Any situation or condition which obstructs or hinders any entrance or exit of a building, including, but not limited to by reason of specification, locked doors, inadequate lighting, exits, obstructions, inoperable doors or overcrowding by persons occupying the building, shall be deemed an immediate danger to life.

[Added 3-3-1981 by L.L. No. 1-1981; approved 3-24-1981]

All departments of the City of Kingston shall render such assistance as is within their respective powers to any Fire Prevention Officer so requesting for the purpose of enforcement of a summary abatement order.

[Added 3-3-1981 by L.L. No. 1-1981; approved 3-24-1981]

§ 233-8 Penalties for offenses.

[Amended 2-6-1986 by L.L. No. 1-1986; approved 2-25-1986]

Failure to comply with any provision of Chapter C of the New York State Uniform Fire Prevention and Building Code, this article, rules or regulations adopted pursuant to this article or a violation order shall be deemed a violation, and the violator shall be liable for a fine of not less than $1,000 per day of violation or imprisonment not to exceed one year, or both, and each day such violation continues shall constitute a separate violation.

[Amended 12-16-1999 by L.L. No. 2-2000; approved 1-3-2000]

An action or proceeding in the name of the City of Kingston, New York, may be commenced in any court of competent jurisdiction to compel compliance with or restrain by injunction the violation of any provision of Chapter C of the New York State Uniform Fire Prevention and Building Code, this article, a rule or regulation adopted pursuant to this article or a violation order or to vacate the occupancy or building in the case of imminent danger to life or property. Such remedy shall be in addition to penalties otherwise prescribed by law.

§ 233-9 Fire lanes.

Except when necessary to avoid conflict with other traffic or in compliance with directives of a police officer, Fire Department official or official traffic control device, no person shall park, abandon or leave unattended any vehicle in a fire lane or access road or in such a manner that it could obstruct access to buildings, structures and property by fire-fighting and emergency service personnel, apparatus and equipment in violation of §§ 1151.2a and 1151.2b of the Official Compilation of Codes, Rules and Regulations of the State of New York.

In addition to the penalties prescribed in § 233-8 hereof and the provisions for the issuance of violation orders in § 233-7 hereof:

(1)

Whenever any police officer finds a vehicle or vehicles parked, abandoned or left unattended in violation of Subsection A hereof, such police officer is hereby authorized to:

(a)

Issue a notice of violation pursuant to Article 2-B of the Vehicle and Traffic Law of New York.

(b)

Move such vehicle or vehicles or require the driver or other person in charge of the vehicle to move the same.

(c)

Provide for the removal of such vehicle or vehicles to a garage, automobile pound or other place of safety.

(2)

The owner or other person entitled to the possession of such vehicle or vehicles shall be charged with a reasonable cost for removal and storage, payable before the vehicle is released.

(3)

Whenever the Fire Chief or his delegate finds a vehicle or vehicles parked, abandoned or left unattended in violation of Subsection A hereof during the course of a fire, he shall be authorized to exercise those powers as described in Subsection B(1)(b) and (c) hereof, and this owner or other person entitled to the possession of such vehicle or vehicles shall be charged a reasonable cost for removal and storage, payable before the vehicle is released.

§ 233-10 Records.

The Fire Prevention Officer shall keep official records of all inspection reports, recommendations, complaints and violation orders.

§ 233-11 Removal of dangerous buildings or structures.

A building or structure or part thereof which is an imminent danger to life and safety of the public as a result of a fire or explosion is hereby declared to be a public nuisance.

Whenever the Fire Chief finds a building or structure or part thereof to be an imminent danger to life and safety of the public as a result of a fire or explosion, the Fire Chief may cause it to be demolished and removed or may cause work to be done in and about the building or structure as may be necessary to remove the danger.

The Fire Chief may require the occupants of any such building or structure, or part thereof, to vacate the premises forthwith. No person shall use or occupy such building or structure or part thereof, until it is made safe. Except for the owner, no person shall enter premises which have been ordered vacated unless authorized to perform inspections or repairs or to demolish and remove such building or structure or part thereof.

All costs and expenses incurred by the City of Kingston in connection with any work done to remove the danger or in connection with the demolition and removal of any such building or structure shall be assessed against the land on which such building or structure is located, and a bill for such expenses shall be presented to the owner of the property, or if the owner cannot be ascertained, then such bill shall be posted in a conspicuous place on the premises. Such assessment shall be and constitute a lien upon such land. If the owner shall fail to pay for such expenses within 10 days after the bill is presented or posted, a legal action may be brought to collect such assessment or to foreclose such lien. As an alternative to the maintenance of any such action, the Fire Chief may file a certificate of the actual expenses incurred as aforesaid together with a statement identifying the property in connection with which the expenses were incurred, and the owner thereof, with the Assessor, who shall in the preparation of the next assessment roll assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time and under the same penalties as is provided by law for the collection and enforcement of real property taxes in the City of Kingston.[1]

[1]

Editor's Note: Former § 233-12, Board of Review, as amended 2-6-1986 by L.L. No. 1-1986, approved 2-25-1986, which immediately followed this section, was repealed 12-16-1999 by L.L. No. 2-2000, approved 1-3-2000.