[HISTORY: Adopted by the Town Board of the
Town of West Seneca 3-21-1988.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also superseded
former Ch. 75, Fire Prevention, adopted 10-17-1977, as amended.
It is the purpose of this chapter to establish
a Fire Prevention Bureau and to delegate the duties of said Bureau
relative to fire prevention practices and service of notices and orders.
[Amended 11-28-2011 by L.L. No. 4-2011]
The Town of West Seneca Fire Prevention Bureau
is hereby established, and it shall be compromised of the following:
A.
The Code
Enforcement Officer and any of his or her assistants.
[Amended 3-12-2007 by L.L. No. 2-2007]
It shall be the duty of the Fire Prevention
Bureau to administer and enforce the rules, regulations and standards
contained in the New York State Uniform Fire Prevention and Building
Code (Title 9 of the New York Codes, Rules and Regulations) Part 1150,
Subchapter C, (Title 19 of the New York Codes, Rules and Regulations)
Part 1203, the most recent revisions to the New York State Generally
Accepted Standards for Fire Prevention and the most recent version
of the National Fire Protection Association Life Safety Code 101.
The Bureau shall also perform such other duties as may be conferred
and imposed upon it from time to time.
The Building Inspector, his assistants and the
Fire Inspectors shall have the power to make inspections and perform
any acts required by this chapter any place in the Town of West Seneca.
Any member may, at all reasonable hours, enter
any place of public assembly for the purpose of making any firesafety
inspection. In case of an emergency where there may be imminent danger
to life, health or safety, an inspection of any building or premises
may be made at any time upon proper identification.
A.
It shall be the duty of the Fire Inspectors to inspect
all buildings and premises, except the interiors of one- and two-family
dwellings, and it shall be the duty of the Building Inspector to aid
when requested by the Fire Inspectors or Fire Chief.
B.
Before entering a one- or two-family dwelling, the
Inspector shall obtain consent of the occupant thereof or obtain a
court warrant, except where the Inspector has probable cause to believe
an emergency exists.
C.
Besides inspections, any member of the Bureau shall
make a firesafety inspection upon a written complaint filed with the
Building Inspector.
D.
The Fire Chief shall notify the Code Enforcement Officers,
Building Inspector and the Fire Inspectors through the Fire Dispatch
of any fire or explosion involving any structural damage pursuant
to the Fire Code of New York State.
[Amended 11-28-2011 by L.L. No. 4-2011]
E.
The Fire Chief shall notify the Building Inspector
and Fire Inspectors immediately of any incident regarding hazardous
material, fires, explosions or spills involving public safety.
[Added 3-26-1990]
A.
Fire lanes and access roads on private property, devoted
to public use for fire-fighting and emergency service apparatus, should
be maintained free from obstructions.
B.
The marking of fire lanes and access roads on private
property, devoted to public use, shall be approved and enforced by
the Fire Inspector or Building Inspector.
C.
Parking of motor vehicles or otherwise obstructing
fire lanes shall be prohibited at all times.
D.
The operator of said vehicle or obstruction is responsible
for its removal and any penalties for violations.
E.
Signs
shall be provided on existing buildings utilizing truss-type construction.
Such signs shall be affixed to all fire exit doors within such building.
[Added 9-8-2014 by L.L.
No. 9-2014]
F.
When emergency lighting is required to be located in structures,
the Town does not permit the combination of exit/emergency lighting.
The intent is to illuminate the exit and exitways. With automatic
generator installations, emergency lighting is not required.
[Added 1-25-2016 by L.L.
No. 2-2016]
Any application for or acceptance of any permit
requested or issued pursuant to this chapter constitutes agreement
and consent by the person making the application or accepting the
permit to allow the members of the Bureau to enter the premises at
any reasonable time to conduct such inspections as required by this
chapter.
[Amended 11-28-2011 by L.L. No. 4-2011]
Whenever the Bureau shall find in any building
or upon any premises dangerous or hazardous conditions or materials
pursuant to any law or code of the United States or the State of New
York, it shall discuss such violation with the owner, operator, occupant
or other responsible person to determine a schedule and procedure
for corrective action. The Bureau shall also issue written notices
to confirm such findings and discussions as may be necessary to secure
compliance with this chapter. Every notice shall set forth a time
limit for compliance.
Every notice or order issued with respect to
this chapter or the other Fire Prevention Codes shall be served at
least five days before the time for compliance therewith, except where
the Fire Prevention Bureau determines that a shorter period of time
is necessary for the protection of human life or property. Such notice
may be served either personally or by registered mail and a copy posted
in a conspicuous place upon the premises affected. Such mailing shall
be sent to the last known address or place of business according to
the records of the Receiver of Taxes and Assessment.
A.
No person, firm, corporation or partnership shall
purchase, own, possess, transport or use explosives or blasting agents
or have, keep, store, use, manufacture, sell or handle hazardous chemicals,
gases and flammable materials without first securing a permit from
the Building Inspector.
B.
No person, firm, corporation or partnership shall
establish, operate or maintain establishments defined in the Fire
Prevention Codes without first securing a permit from the Building
Inspector.
C.
The Town Board shall establish, from time to time,
the fee required for permits under this chapter.
A.
A permit shall constitute permission to maintain,
store or handle materials or to conduct processes which produce conditions
hazardous to life or property or to install equipment used in connection
with such activities. Such permit does not take the place of any other
license required by law. It shall not be transferable, and any change
in use or occupancy of the premises shall require a new permit. All
permits expire on the last day of December of that year.
B.
Before a permit may be issued, the Bureau shall review
all plans submitted and make such inspections or tests as are necessary
to assure that the provisions of the Fire Prevention Codes are complied
with. Reports of plan reviews, inspections or tests made by the Bureau
shall be filed with the Building Inspector of the Town of West Seneca.
C.
Applications for permits are to be made out in triplicate.
After payment of the fee, one copy goes to the Chief of the Fire Department,
one copy to the Building Inspector and one copy to the person applying
for the permit.
D.
The Building Inspector shall have the power to revoke,
suspend or deny the granting of any permit required by this chapter
if any violation of the Fire Prevention Codes 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 approval was based.
A.
Any appeals from a revocation, suspension or denial
of a permit shall be in writing.
B.
Such appeal shall be heard by the Fire Prevention
Bureau; provided, however, that the member from the fire district
where the premises affected is located shall not be eligible to vote
or otherwise take part in the decision.
C.
Any appeal from the decision of the Building Inspector
must be filed within 30 days from the denial, suspension or revocation
of the permit.
D.
The Bureau shall hear said appeals within 30 days
of the filing of the notice of appeal with the Building Inspector's
office.
E.
Pending final determination of an appeal, the order
of the Building Inspector shall be stayed unless there is a distinct
fire hazard to life or the property of others based on available data.
A copy of the permit shall be posted or otherwise
readily accessible at each place of operation or carried by the permit
holder, as specified by the Building Inspector.
This chapter shall not be construed to hold
the Town of West Seneca responsible for any damage to persons or property
by reason of the inspection or reinspection authorized herein or failure
to inspect or reinspect or the permit issued as herein provided or
by reason of the approval or disapproval of any equipment authorized
herein.
Any person or persons, association or corporation
violating the provision of this chapter, the Fire Prevention Codes
or any section or provision thereof is guilty of a violation punishable
by a fine not to exceed $250 or by imprisonment for a period not exceeding
15 days for each such offense, or by both such fine and imprisonment.
