It is the intent of this chapter to prescribe
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. Compliance with standards of the National Board of Fire
Underwriters or other approved nationally recognized safety standards
shall be deemed to be prima facie evidence of compliance with this
intent.
The provisions of this chapter shall apply equally
to new and existing conditions, except that, unless otherwise required,
existing conditions not in strict compliance with the terms of this
chapter shall be permitted to continue where the exceptions do not
constitute a distinct hazard to life or property in the opinion of
the Fire Inspector.
All matters within the intent of this chapter
not covered in detail by this chapter shall comply with nationally
recognized good practice. Compliance at any time with the most recent
provisions of the Fire Prevention Code recommended by the National
Board of Fire Underwriters shall be deemed to be prima facie evidence
of compliance with nationally recognized good practice.
[Amended 9-12-2012 by L.L. No. 5-2012]
It shall be the responsibility of the Board
of Fire Wardens, in conjunction with the City Manager, to administer
and enforce the provisions of this chapter. There is hereby created
in and for the City of Rye the Bureau of Fire Protection, the head
of which shall be a Lieutenant, whose duties, among other things,
shall include the responsibility for fire inspections within the City.
Such office shall be subject to the supervision and direction of the
Board of Fire Wardens in conjunction with the City Manager. Subject
to the Civil Service Law and Rules and Regulations, the Board of Fire
Wardens, in conjunction with the City Manager, and with the approval
of the Council, shall appoint such Lieutenant. Such person so appointed
shall be qualified to assume the duties and responsibilities of such
office or shall, within the time prescribed by law, qualify to do
so. Such appointee or appointees shall receive such annual salary
as the Council shall fix and determine.
The Board of Fire Wardens, Chief of the Fire
Department, Fire Inspector or any other inspector designated by the
Council or said Board 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, he or they may deem necessary
to be made.
It shall be the duty of the Board of Fire Wardens,
or any other board or person designated by the Council, to inspect
or cause to be inspected all buildings and premises as often as may
be necessary for the purpose of ascertaining and causing to be corrected
any conditions liable to cause fire or endanger life from fire or
any violations of the provisions or intent of this chapter and of
any other ordinance affecting the fire hazard.
Whenever the Board of Fire Wardens, Chief of
the Fire Department, Fire Inspector or any other inspector designated
by the Council or said Board shall find in any building or upon any
premises dangerous or hazardous conditions or materials as follows,
he or they shall order such dangerous conditions or materials to be
removed or remedied in such manner as he or they may specify:
A.
Dangerous or unlawful amounts of combustible, explosive
or otherwise hazardous materials.
B.
Hazardous conditions arising from defective or improperly
installed equipment for handling or using combustible, explosive or
otherwise hazardous materials.
C.
Dangerous accumulations of rubbish, wastepaper, boxes,
shavings or other highly flammable materials.
D.
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 sufficient fire escapes or other 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,
constitutes a hazardous condition.
The service of orders for the correction of
violations of this chapter shall be made upon an 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 the said premises.
Whenever it may be necessary to serve such an order upon the owner
of the premises, such order may be served either by delivering to
and leaving with the said person a copy of the said order or, if such
owner is absent from the jurisdiction of the officer making the order,
by sending such copy by registered or certified mail to the owner's
last known post office address.
A.
Whenever a permit is required hereunder and unless
otherwise provided, same shall be issued by the City Clerk upon approval
of the Fire Inspector, who, prior to the issuance of any permit, shall
make or cause to be made such inspections or tests as may be necessary
to ensure that the requirements of this chapter will be met.
B.
Written application shall be made for any permit required
hereunder and shall be in such form and shall contain such information
as the City Manager from time to time by rule or regulation may require.
C.
An inspection fee of $5 shall be paid to the City
Clerk simultaneously with the filing of any application for a permit
hereunder, except where a different fee is specified.
D.
A permit shall constitute a 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 license
required by law. It shall not be transferable, and any change in use
or occupancy of premises shall require a new permit.
E.
The City Clerk shall furnish the Fire Inspector with
a copy of each of such permits issued.
The Council, Board of Fire Wardens, Chief of
the Fire Department or Fire Inspector may revoke a permit 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 a permit or
approval was based, or upon failure of a permittee to comply with
any stated condition of any permit.
Unless otherwise expressly stated, the following
terms shall, for the purpose of this chapter, have the meanings indicated
in this section:
Accepted by the Board of Fire Wardens, Chief of the Fire
Department and Fire Inspector as a result of their investigation and
experience or by reason of test, listing or approval by Underwriters'
Laboratories, Inc., the National Bureau of Standards, the American
Gas Association Laboratories or other nationally recognized testing
agencies.
A system which automatically detects a fire condition and
actuates a fire alarm signal device.
Board of Fire Wardens of the Fire Department of the City
of Rye.
The time in hours that a material or construction will withstand
a standard fire exposure as determined by a fire test made in conformity
with the Standard Method of Fire Tests of Building Construction and
Materials of the American Society for Testing Materials, ASTM E119.
Any container approved by the Interstate Commerce Commission
for shipping any liquid, gaseous or solid material of a flammable,
toxic or other hazardous nature.
The occupancy or use of a building or structure or any portion
thereof for the displaying, selling or buying of goods, wares or merchandise,
except when classed as a high-hazard occupancy.
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 corporation, association and copartnership as well
as an individual.
This chapter shall not be construed to hold
the municipality responsible for any injury to persons or damage to
property by reason of the inspection or reinspection authorized herein,
failure to inspect or reinspect, the issuance of any permit herein
provided or by reason of the approval or disapproval of any equipment
authorized herein.
