[HISTORY: Adopted by the Council of the City
of New Rochelle 6-16-1987 by Ord. No. 175-1987. Amendments noted where
applicable.]
[Amended 3-18-2003 by Ord. No. 63-2003]
This chapter shall be known as the "New Rochelle
Fire Prevention Code." It shall incorporate the standards found in
the Fire Code of New York State, which shall be referred to in this
chapter as the "State Code."
It is the intent of this code to establish provisions
to administer, enforce and establish rules and regulations to safeguard
life and property from the hazards of fire, explosion. structural
instability or the release of toxic gases arising from the storage,
handling or use of hazardous substances, materials or devices.
The Fire Commissioner is hereby designated as
code enforcement officer and is responsible for enforcement of the
Fire Prevention Code. A Deputy Chief, Acting Deputy Chief or code
enforcement officer may act as his agent in his absence. All uniformed
members of the New Rochelle Fire Department shall perform inspections,
issue orders for the correction of violations and investigate complaints.
[Amended 5-20-1997 by Ord. No. 102-1997]
A.
The service of orders for the correction of violations
of this Code or of any notices provided for in this Code or required
herein shall be made upon the owner of the premises involved, unless
the premises is owned by one person and occupied by another, and,
in such case, upon the owner and the occupant or tenant thereof or
the managing agent of the premises. Service may be made upon such
person personally or by registered mail directed to the last known
address or, in the case of an owner, to the mailing address given
in the records of the tax office of the City of New Rochelle to which
tax bills relating to the property involved are mailed.
B.
If buildings or other premises are owned by one person
and occupied by another under lease or otherwise, the orders issued
in connection with the enforcement of the Fire Prevention Code shall
apply to the occupant thereof and the owner.
C.
The owner of a premises who does not reside in Westchester
County shall designate a local representative in Westchester County
to receive service of orders made under this chapter.
The Fire Commissioner or any officer or firefighter
may, at all reasonable hours, enter any building or premises for the
purpose of making any inspection or investigation which, under the
provisions of the Fire Prevention Code, he or they may deem necessary
to be made.
A.
It shall be the duty of the Fire Commissioner to inspect,
or cause to be inspected by Fire Department officers or fire fighters,
all buildings and premises, except the interiors of dwellings, as
often as may be necessary for the purpose of ascertaining and causing
to be corrected any conditions liable to cause fire or any violations
of the provisions or intent of this Code and of any other ordinance
affecting the fire hazard.
B.
The Fire Commissioner, officer or firefighter, upon
the complaint of any person or whenever he or they shall deem it necessary,
shall inspect any buildings and premises within their jurisdiction.
C.
In order to pay for the City of New Rochelle Fire Safety Inspection Program, pursuant to which authorized officers and employees of the City inspect buildings containing multiple dwelling and general building construction uses, and to ensure compliance with applicable codes, including, but not limited to the State Code, the New Rochelle Fire Prevention Code, and other applicable provisions of law, a schedule of fees for classes of occupancies inspected by such Program is hereby established as set forth in Chapter 133, Fees, of the New Rochelle Code. The fees established herein shall be administered by the Department of Finance and shall be billed, accrue interest, be collected, and be enforced in the same manner and at the same time as provided by law for combined City/county taxes.
[Added 12-11-2001 by L.L. No. 9-2001; amended 3-18-2003 by Ord. No. 63-2003]
Intervals of inspections shall be as follows:
A.
Firesafety inspections of areas of public assembly,
defined in the State Code, at least once per year.
[Amended 3-18-2003 by Ord. No. 63-2003]
B.
Firesafety inspections of areas of all multiple dwellings
and all nonresidential occupancies, not to exceed 24 months. Occupancies
requiring an annual permit are to be inspected at least once per year.
C.
Inspections where a certificate of compliance is required,
at the completion of the work.
D.
Inspections in response to bona fide complaints regarding
conditions or activities allegedly failing to comply with this code,
as the situation demands.
A.
The Fire Commissioner or designated Fire Investigator
shall investigate the cause, origin and circumstances of every fire
occurring in the municipality.
B.
The Corporation Counsel and the Police Department,
upon request of the Fire Department, shall assist in the investigation
of any fire which is of suspicious origin or which involves loss of
life or injury to persons or by which property has been destroyed
or substantially damaged.
The Fire Commissioner shall keep a record of
all activities, including but not limited to fires, fire investigations,
inspections, permits, permit fees, licenses, license fees and complaints.
This chapter shall apply to explosives and other
hazardous materials as hereinafter defined, except that it shall not
apply, except as to routes to be followed, to transportation when
under the jurisdiction of the Interstate Commerce Commission and in
conformity with the regulations promulgated by the Commission or regulations
lawfully on file and approved by the Commission, nor to facilities
for shipment by water when in conformity with the regulations of and
under the jurisdiction of the United States Coast Guard, nor to the
transportation and use of small quantities encountered in normal and
emergency operations of federal agencies (such as the Bureau of Mines,
the Federal Bureau of Investigation and the Secret Service), nor the
movement of munitions by the United States Department of Defense,
nor State Police or duly authorized State Militia, nor to Municipal
Police or Fire Departments, provided that they are acting within their
official and in proper performance of their duties.
A.
A permit or license shall constitute permission to
maintain, store or handle materials or to conduct processes which
produce conditions hazardous to life or property. Such permit or license
does not take the place of any license required by law. It shall not
be transferable; any change in use or occupancy of premises shall
require a new permit or license.
B.
Before a permit or license may be issued, the Fire
Commissioner or his assistants shall inspect and approve the receptacles,
vehicles, buildings or storage places to be used. In cases where laws
or regulations enforceable by departments other than the Fire Department
are applicable, joint approval shall be obtained from all departments
concerned.
C.
All applications for a permit or license required
by this code shall be made to the New Rochelle Fire Department in
such form and detail that the Fire Commissioner prescribes.
D.
Permits and licenses shall at all times be kept on
the premises or person designated therein and shall at all times be
subject to inspection by any officer of the Fire or Police Department.
The Fire Commissioner may revoke a permit or
license issued if any violation of the code 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 permit
or license was based.
[Amended 10-20-1992 by Ord. No. 237-1992; 12-14-2021 by Ord. No. 2021-172]
No person shall engage in the following activities in the City of New Rochelle without obtaining a permit therefor from the Fire Commissioner, at a fee as set forth in Chapter 133, Fees:
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Ammunition storage
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Blasting
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Carbon dioxide systems for beverage dispensing
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Commercial garage (1 to 25)
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Commercial garage (over 25)
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Dip tanks/spray booths
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Dry-cleaning plant, maintenance of
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Explosives, storage of
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Explosives, transportation of
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Fire protection systems, installation of
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Sprinkler system
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Standpipe system
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Fixed extinguishing system
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Flammable liquids,
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installation/modification of equipment
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Flammable liquids, storage of Class I
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Flammable liquids, storage of Class II
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Flammable liquids, storage of Class III
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Flammable liquids, testing of storage facilities
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Hazardous materials storage
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Industrial ovens, operation of
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Liquified petroleum gas (LPG), storage of
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Lumberyard
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Mobile food preparation vehicles
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Oil burner equipment, installation of
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Public garage (1 to 25)
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Public garage (25 or over)
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Self-service gasoline service station
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Welding and cutting
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Woodworking plan
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[Amended 10-18-1988 by L.L. No. 1-1988]
A.
Ammunition storage.
(1)
No person shall store more than two cases of fixed
ammunition until a permit therefor has been issued by the Fire Commissioner.
"Fixed ammunition" shall mean small arms or blank ammunition designed
to be fired from a pistol, revolver, rifle or shotgun held by hand
or at the shoulder.
(2)
Fixed ammunition shall be stored in the manufacturer's
cases, cartons or boxes and shall not be kept in any room, compartment
or place where flammable liquids, flammable solids, oxidizing materials
or flammable compressed gases are kept, nor shall the quantity stored
at any time exceed 50 cases of fixed ammunition.
B.
Blasting permit.
[Amended 2-22-1994 by Ord. No. 47-1994; 2-20-2004 by Ord. No. 34-2004]
(1)
No explosives may be used for blasting or other purposes
until a permit has been secured.
(2)
No permit may be issued unless the applicant presents
a certificate of fitness (blaster license) issued by the Fire Commissioner.
(3)
The applicant shall indemnify all persons and the
City against any loss, expense, cost or damage, direct or indirect
of any kind or nature, to property, resulting from possession, storage
or use of such explosives or the prosecution of the work involving
such explosives. This liability and responsibility upon the part of
the applicant shall be absolute and shall not depend upon any question
of negligence upon his part or upon the part of his agent, servants
or employees, and the neglect of anyone to direct the applicant to
take any particular precaution or to refrain from doing any particular
thing shall not excuse the applicant in case of any such damage. Before
the issuance of any permit, the applicant shall furnish the City of
New Rochelle, its officers and employees and the person and contractor
doing the blasting or causing said blasting to be done and the owner
of the property whereon said blasting is being done, all as additional
insureds, insurance against liability for damages arising out of said
blasting in the amount of $3,000,000 for property damage and $5,000,000
for personal injuries, including death for each accident. Insurance
shall be evidenced by insurance endorsement and shall be changed to
cover each new job.
(4)
A permit, when issued, shall specify the particular
job for which it is issued, its location and the date of expiration.
(5)
It shall be unlawful to conduct blasting operations
between the hours of 7:00 p.m. and 7:00 a.m. or at any time on Sunday,
except under authority of a special permit issued by the Fire Commissioner.
C.
Storage of explosives.
[Amended 2-22-1994 by Ord. No. 47-1994; 2-20-2004 by Ord. No. 34-2004]
(1)
No explosives may be stored, sold or possessed until
a permit has been secured.
(2)
No permit may be issued unless the applicant presents
a certificate of fitness (blaster license) issued by the Fire Commissioner.
(3)
The applicant shall indemnify all persons and the
City against any loss, expense, cost or damage, direct or indirect
of any kind or nature, to property, resulting from possession, storage
or use of such explosives or the prosecution of the work involving
such explosives. This liability and responsibility upon the part of
the applicant shall be absolute and shall not depend upon any question
of negligence upon his part or upon the part of his agent, servants
or employees, and the neglect of anyone to direct the applicant to
take any particular precaution or to refrain from doing any particular
thing shall not excuse the applicant in case of any such damage. Before
the issuance of any permit, the applicant shall furnish the City of
New Rochelle, its officers and employees and the person and contractor
doing the blasting or causing said blasting to be done and the owner
of the property whereon said blasting is being done, all as additional
insureds, insurance against liability for damages arising out of said
blasting in the amount of $3,000,000 for property damage and $5,000,000
for personal injuries, including death, for each accident. Insurance
shall be evidenced by insurance endorsement and shall be changed to
cover each new job.
(4)
A watchman shall be employed to safeguard explosives
after working hours and during all times when work is not underway.
(5)
NFPA Standard 495, Explosive Materials Code, Chapter
6, Aboveground Storage of Explosive Materials, shall be strictly adhered
to.
D.
Transportation of explosives.
[Amended 2-20-2004 by Ord. No. 34-2004]
(1)
No person shall transport or cause or permit the transportation
of explosives on or through the streets of the City of New Rochelle
unless a permit has been secured.
(2)
Explosives shall be transported only in vehicles approved
by the Fire Commissioner.
(3)
The applicant shall indemnify all persons and the
City against any loss, expense, cost or damage, direct or indirect
of any kind or nature, to property, resulting from possession, storage
or use of such explosives or the prosecution of the work involving
such explosives. This liability and responsibility upon the part of
the applicant shall be absolute and shall not depend upon any question
of negligence upon his part or upon the part of his agent, servants
or employees, and the neglect of anyone to direct the applicant to
take any particular precaution or to refrain from doing any particular
thing shall not excuse the applicant in case of any such damage. Before
the issuance of any permit, the applicant shall furnish the City of
New Rochelle, its officers and employees and the person and contractor
doing the blasting or causing said blasting to be done and the owner
of the property whereon said blasting is being done, all as additional
insureds, insurance against liability for damages arising out of said
blasting in the amount of $3,000,000 for property damage and $5,000,000
for personal injuries, including death, for each accident. Insurance
shall be evidenced by insurance endorsement and shall be changed to
cover each new job.
E.
Commercial or public garage.
(1)
No garage may be occupied as a place of business without
a permit. A garage occupied as a place of business is divided into
the two following classes: commercial garage or public garage.
(a)
A commercial garage is the place of storage
of one or more automobiles, trucks or other motor vehicles owned and
used by not more than one person, firm or corporation.
(b)
A public garage is any place used for the storage
of one or more automobiles, parts thereof or any type or types of
motor vehicles, whether such storage is for manufacture, repair, exhibition,
demonstration, sale, rental, hire, painting, adjustment or equipment.
(2)
Public and commercial garages shall be constructed
to conform to the State Code.
[Amended 3-18-2003 by Ord. No. 63-2003]
(3)
Floor assemblies shall be constructed of noncombustible
materials or, if combustible materials are used in the assembly, shall
be surfaced with approved noncombustible material. Floors shall be
liquid-tight to prevent the leakage or seepage of liquids and shall
be sloped to facilitate the movement of water, fuel or other liquids
to approved floor drains.
(4)
Any pit shall be installed in compliance with standards
promulgated by the National Fire Protection Association.
[Amended 7-25-1989 by Ord. No. 186-1989]
(5)
Gasoline, except such as may be contained in the tanks
of automobiles in storage, shall be kept in tanks underground, in
an approved location. No gasoline may be stored in vehicle tanks when
floors are of combustible assembly, however sealed.
(6)
No gasoline shall be conveyed from one place to another
in any open can, vessel or container. Parts shall be cleaned with
nonflammable safety solvent only.
(7)
Garages shall not be located within or attached to
a building or structure used for any purpose other than a garage unless
separated by walls or partitions, floors or floor-ceiling assemblies
having a fire-resistive rating of not less than two hours.
(8)
Heating units must be so arranged as to comply with
NFPA 88B Chapter 3-2.
(9)
Welding or open-flame operations shall be restricted
to areas specifically provided for such operations.
F.
Dry-cleaning plant.
(1)
No person shall engage in the business of dry cleaning
without a permit which shall prescribe the type of system (flammable
or nonflammable) to be used.
(2)
No change shall be made in the solvent used in the
equipment to a solvent in a more hazardous class unless permission
for such a change shall first have been obtained from the Fire Commissioner.
G.
Dip tanks/spray booths. A permit shall be required
for dipping or spraying operations utilizing more than one gallon
on any working day of flammable or combustible liquids.
H.
Flammable liquids, installation, modification or testing
of equipment.
(1)
A permit must be secured prior to each and every installation
or modification.
(2)
No permit may be issued unless the applicant presents
the proper installers license issued by the Fire Commissioner.
(3)
No testing of petroleum storage facilities shall be
performed unless prior approval has been secured from the Fire Commissioner.
Testing shall only be performed by testers holding the proper license
issued by the Fire Commissioner. Written results of tests performed
must be forwarded to the Fire Commissioner within 48 hours of completion.
All equipment failures must be reported immediately.
(4)
All above- or underground installations of petroleum
storage facilities must meet or exceed New York State Department of
Environmental Conservation 6 NYCRR 614, Standards for New and Substantially
Modified Petroleum Storage Facilities. A letter stating the same and
signed by the licensed installer must be attached to the application
for a permit-to install.
I.
Flammable liquid storage.
(1)
A permit shall be required for the storage or use
of a flammable liquid in excess of five gallons inside a building
or 10 gallons outside of a building, or for a combustible liquid over
25 gallons inside a building or over 60 gallons outside of a building,
except that no permit shall be required for the following:
(a)
For the storage or use of flammable liquids
in the fuel tank of a motor vehicle, aircraft, motorboat, mobile power
plant or mobile heating plant.
(b)
For the storage or use of paints, oils, varnishes
or similar flammable mixtures when such liquids are stored for maintenance,
painting or similar purposes for a period of not more than 30 days.
(2)
The storage of Class I, Class II or Class III liquids
in closed containers shall comply with the State Code.
[Amended 3-18-2003 by Ord. No. 63-2003]
J.
Hazardous materials storage.
(1)
A permit shall be required for the storage of hazardous
materials not otherwise covered in this code which are highly flammable,
or which may react to cause fires or explosions, or which, by their
presence, create or augment a fire or explosion hazard, or which,
because of their toxicity, flammability or liability to explosion,
render fire fighting abnormally dangerous or difficult; also to liquids
which are chemically unstable and which may spontaneously form explosive
compounds or undergo spontaneous reactions of explosive violence or
with sufficient evolution of heat to be a fire hazard. Hazardous materials
shall include such materials as compressed gases. flammable solids,
corrosive liquids, radioactive materials, oxidizing materials and
poisonous gases.
(2)
A hazardous materials permit shall be required for
the storage or handling of the following amounts as defined by the
Code of Federal Regulations, Title 49, Transportation, Parts 100 to
199:
(a)
Corrosive liquid: more than 55 gallons.
(b)
Dangerous when wet material: any amount.
(c)
Etiologic material: any amount.
(d)
Flammable gas: over 2,000 cubic feet.
(e)
Flammable solid: any amount.
(f)
Nonflammable gas: over 6,000 cubic feet.
(g)
Oxidizer: over 50 pounds.
(h)
Organic peroxide: over 10 pounds.
(i)
Poison gas: any amount.
(j)
Poison and irritant: any amount.
(k)
Radioactive material: any amount.
K.
Industrial ovens.
(1)
A permit is required for the construction and operation
of industrial baking and drying ovens which are heated with oil or
gas fuel or which, during operation, contain flammable vapors from
products being baked or dried.
(2)
Application for a permit shall be accompanied by plans
showing all essential details and calculations for safe operation.
L.
Liquefied petroleum gas (LPG) installations.
(1)
A permit shall be obtained for each installation of
liquefied petroleum gas employing a container or aggregate of interconnected
containers of over 1,000 pounds' (nominal 120 gallons) water capacity
and for each permanent installation, irrespective of the size of the
containers, made at buildings in which people congregate for civic,
political, educational, religious. social or recreational purposes.
Such buildings shall include schools, churches, hospitals, institutions,
hotels and restaurants, each having a capacity of 20 or more persons.
Prior to making such an installation, an installer shall submit plans
to the Fire Commissioner, and, if in compliance with the requirements
of this code, a permit shall be issued.
M.
Lumberyard. No person shall store in excess of 100,000
board feet of lumber without a permit.
N.
Oil-burner equipment (installation). A permit shall
be obtained for the installation or replacement of each and every
oil-burning equipment, which permit may be declared null and void
where any oil-burning equipment has not been properly installed or
has become defective or dangerous to life and property.
P.
Self-service gasoline station. A permit is required
for the operation of all self-service gasoline stations.
Q.
Welding and cutting. A permit shall be obtained for
the use of acetylene or other fuel gases in connection with welding
or cutting if the acetylene or other fuel gas is supplied to work
areas or consuming devices as follows:
R.
Woodworking plants. Sawmills, planing mills and other
woodworking plants shall be equipped with refuse removal systems which
will collect and remove sawdust and shavings as produced; or suitable
metal or metal-lined bins, provided with normally closed covers or
automatically closing covers, shall be installed at or near such machines,
and shavings and sawdust shall be swept up and deposited in such bins
at sufficiently frequent intervals as to keep the premises clean.
Blower and exhaust systems shall be installed in accordance with NFPA
664.
S.
Carbon
dioxide systems for beverage dispensing.
[Added 12-14-2021 by Ord. No. 2021-172]
(1)
Fire
Code operational permit reporting conditions.
(a)
An operational permit is required for insulated liquid carbon dioxide
systems with more than 100 pounds (45.4 kg) of carbon dioxide used
in beverage dispensing applications. Systems with more than 100 pounds
total in use and stored within the building shall require a permit,
protection from damage, and detection or ventilation.
(b)
Carbon dioxide systems shall be installed so the storage tanks, cylinders,
piping and fittings are protected from damage by occupants or equipment
during normal facility operations.
(c)
Where insulated liquid carbon dioxide storage tanks, cylinders, piping
and equipment are located indoors, rooms or areas containing storage
tanks, cylinders, piping and equipment, and other areas where a leak
of carbon dioxide is expected to accumulate, shall be provided with
mechanical ventilation in accordance with Section 5004.3 of the Fire
Code of New York State and designed to maintain the room containing
carbon dioxide at a negative pressure in relation to the surrounding
area. Exception: A gas detection system complying with Section 5307.3.2
of the Fire Code of New York State shall be permitted in lieu of mechanical
ventilation.
(d)
Where ventilation is not provided in accordance with Section 5307.3.1
of the Fire Code of New York State, a gas detection system shall be
provided in rooms or indoor areas and in below-grade outdoor locations
with insulated carbon dioxide systems. Carbon dioxide sensors shall
be provided within 12 inches (305 mm) of the floor in the area where
the gas is expected to accumulate or other approved locations.
(2)
The
system shall be designed as follows:
(a)
Activates an audible and visible supervisory alarm at a normally
attended location upon detection of a carbon dioxide concentration
of 5,000 ppm (9,000 mg/m3).
(b)
Activates an audible and visible alarm within the room or immediate
area where the system is installed upon detection of a carbon dioxide
concentration of 30,000 ppm (54,000 mg/m3).
T.
Mobile
food preparation vehicles. Mobile food preparation vehicles that are
equipped with appliances that produce smoke or grease-laden vapors
shall comply with Section 319 of the Fire Code of New York State.
This does not include vehicles without cooking or heating equipment,
such as an ice cream truck. All mobile food preparation vehicles permitted
by the City of New Rochelle will require a firesafety inspection before
operating and an annual firesafety inspection thereafter.
[Added 12-14-2021 by Ord. No. 2021-172]
No person shall engage in the following activities
in the City of New Rochelle without obtaining a license therefor from
the Fire Commissioner. Fees for such licenses shall be as indicated.[1]
A.
Certificate of fitness (blaster).
(1)
A license may be issued to individuals who:
(2)
In addition thereto, the applicant shall present satisfactory
evidence of experience.
(3)
Upon approval of the Fire Commissioner and payment
of a license fee, a license shall be issued. Said license shall expire
on the 31st day of December after the date of issue. An applicant
for such license who has failed to pass the examination or who has
had his license revoked may renew his application after the expiration
of three months from the date of his last examination or after expiration
of three months from the date of any revocation of any license.
(4)
Two passport-sized photographs are required at the
time of issue.
(5)
Said certificate may be renewed upon payment of a
renewal fee and upon sworn statement that there have been no material
changes in the facts set forth in the original application.
B.
Flammable liquids, installation or testing of equipment.
(1)
No person, firm or corporation not duly licensed by
the Fire Department may install, relocate, replace, modify or test
any equipment designed for or intended as a part of any installation
involving the use or handling and storage of flammable liquids.
(2)
A license may be issued only to individuals. A copartnership, firm or corporation shall not engage in the work described in Subsection B(1) above unless one of the partners, in the case of a firm or copartnership, and in the case of a corporation, one of the officers thereof, has been licensed as hereinafter provided, and all work described in Subsection B(1) hereinabove shall be done under the direct supervision of such duly licensed individual. The licensed individual must be present during installation, replacement, relocation, modification or testing of equipment.
(3)
License requirements.
(a)
A license may be issued to individuals who:
[1]
Are at least 21 years of age.
[2]
Have a reasonable understanding of the English
language and are able to satisfactorily answer such questions as may
be asked the upon examination.
[3]
Pass an examination by the Fire Commissioner
with respect to the applicant's knowledge of the equipment installation
and maintenance of the type of equipment using flammable liquids for
which the applicant desires to be licensed.
(b)
In addition thereto, the applicant shall present
satisfactory evidence of experience in the installation and maintenance
of the type of equipment for which he desires to be licensed to install
for a period of not less than one year.
(c)
Upon approval of the Fire Commissioner and payment
of a license fee, a license shall be issued. Said license shall expire
on the 31st day of December after the date of issue. An applicant
for such license who has failed to pass the examination or who has
had his license revoked may renew his application after the expiration
of three months from the date of his last examination or after expiration
of three months from the date of any revocation of any license.
(d)
Two passport-sized photographs are required
at the time of issue.
(e)
Said certificate may be renewed upon payment
of a renewal fee and upon sworn statement that there have been no
material changes in the facts set forth in the original application.
C.
Motion-picture projection machine operator.
(1)
In all theaters, places of amusement and public buildings
where motion-picture projection machines are used or operated, a duly
licensed motion-picture operator shall at all times during any performance
be assigned to and remain in charge of each motion-picture machine
while in operation therein; and it shall be the duty of the owner,
proprietor, manager or other person having charge of such theater,
place of amusement or public building to comply with the provisions
of this section. If platter or automated systems are used, an operator
may run multiple machines, provided that said machines are within
the same building.
(2)
It shall be unlawful for any person to operate a motion-picture
projector apparatus in the City of New Rochelle without first having
obtained an operator's license from the Fire Commissioner.
(3)
License requirements.
(a)
The individual must be no less than 18 years
of age.
(b)
Application shall be filed with the City of
New Rochelle Fire Department, accompanied by two passport-sized photos,
the applicant's fingerprints, taken by the New Rochelle Police Department,
and the license fee.
(c)
Upon notice from the Fire Commissioner, the
applicant shall pass an examination in regard to his practical knowledge
of motion-picture apparatus, films, booths, etc., the proper safety
precautions to be used therewith and the laws and ordinances governing
them.
(d)
Each existing and future license and renewals
thereof shall expire on December 31 of the year of issuance and may
be renewed for a period of one year from the date of expiration upon
payment of the annual license fee.
Pursuant to § 379 of the Executive Law, the following local code provisions are permitted to be used in place of the corresponding sections of Subtitle S, Division of Housing and Community Renewal, Chapter 1, the New York State Uniform Fire Prevention and Building Code, Subchapter C, Fire Prevention.
D.
Self-service gasoline stations. Self-service gasoline
stations are required to have fixed flammable liquid extinguishing
systems, approved by the Fire Commissioner, located at or in the vicinity
of the dispensing devices. Such systems shall be automatic as well
as controlled by the attendant at the central control station. Supersedes
Part 1164.3c-3. (Approved 12-16-85 by the New York State Fire Prevention
and Building Code Council.)
E.
Portable oil heaters. The use, maintenance or storage
of any portable fuel-fired heater in any living or sleeping space
is prohibited. Supersedes Part 1191.3d-1. (Approved 12-16-1985 by
the New York State Fire Prevention and Building Code Council.)
[Amended 3-18-2003 by Ord. No. 63-2003; 10-16-2007 by Ord. No. 238-2007]
A.
Except as provided in Subsection B below, an offense against the provisions of this chapter shall be punishable by a fine of not more than $2,500 for a first offense and not more than $5,000 for a second or subsequent offense within three years of a first or other offense of this chapter, or by imprisonment for not more than 15 days, or both.
B.
Notwithstanding anything to the contrary contained in Subsection A above, any person violating any provision of the Fire Code of New York State, Chapter 38, Liquefied Petroleum Gas, Containers and Tanks; Section 609, Commercial Cooking Equipment; Sections 308, 306, 805, 1003.2.2.1, Assembly Spaces; Chapter 34, Flammable and Combustible Liquids; Chapter 27, Hazardous Materials; Chapter 33, Explosives, Ammunition and Blasting Agents; Chapter 9, Fire Protection Systems, or failing to comply with any order or regulation made thereunder shall, upon conviction, be guilty of a violation punishable by a fine not more than $2,500 for a first offense and not more than $5,000 for a second or subsequent offense within three years of a first or other offense of this chapter, or by imprisonment for not more than 15 days, or both, for each and every offense. The imposition of the penalty for any violation of the Fire Code of New York State, Chapter 38, Liquefied Petroleum Gas, Containers and Tanks; Section 609, Commercial Cooking Equipment; Sections 308, 306, 805, 1003.2.2.1, Assembly Spaces; Chapter 34, Flammable and Combustible Liquids; Chapter 27, Hazardous Materials; Chapter 33, Explosives, Ammunition and Blasting Agents; Chapter 9, Fire Protection Systems, shall not excuse the violation or permit it to continue, and each five days that the prohibited conditions are maintained shall constitute a separate offense.
[1]
Editor's Note: Added during codification.
