[HISTORY: Derived from Ch. 28 of the 1978
Code of the Village of New Paltz. Amendments noted where applicable.]
This chapter shall provide the basic method
for administration and enforcement of the New York State Uniform Fire
Prevention and Building Code, hereinafter described in this chapter
as the "State Fire Prevention Code," in the Village of New Paltz,
and shall establish powers, duties, and responsibilities in connection
therewith.
This chapter shall be known and cited as the
"Fire Code Enforcement Law."
A Fire Code Enforcement Officer is hereby designated
as an official of the Village of New Paltz to administer and enforce
the State Fire Prevention Code within the Village of New Paltz.
A.
Adoption by Board of Trustees. The Board of Trustees
of the Village of New Paltz may adopt rules and regulations for the
administration and enforcement of the State Fire Prevention Code.
Such rules and regulations shall not conflict with the State Fire
Prevention Code, this chapter, nor any other provision of law.
B.
Notice of adoption. The Board of Trustees shall publish
a notice of adoption summarizing all rules and regulations upon adoption
of least 10 days prior to the effective date thereof in the official
newspaper of the Village of New Paltz.
A.
Issuance. Upon payment of the fee as prescribed in
the schedule of fees adopted by the Board of Trustees; and the performance
of a fire safety and property maintenance inspection by Fire Code
Enforcement Officer, permits shall be issued by and bear the name
and signature of the Fire Code Enforcement Officer, or in his absence,
the Village Clerk of the Village of New Paltz, and shall specify:
[Amended 8-25-2010 by L.L. No. 8-2010]
B.
Nontransferable. Permits shall not be transferable
and any change in the activity, operation, location, ownership, or
use shall require a new permit.
C.
Indefinite term; limitations. Permits shall continue
until revoked, or for a period of time designated at the time of issuance.
An extension of the permit time period may be granted provided a satisfactory
reason can be shown for failure to start or complete the work or activity
authorized within the required time period.
D.
Activities for which permits are required. Permits
shall be obtained for the following:
(1)
Acetylene generators: To operate an acetylene generator
having a calcium carbide capacity exceeding five pounds.
(2)
Automobile tire-rebuilding plants: To operate an automobile
tire-rebuilding plant.
(3)
Automobile wrecking yards: To operate an automobile
wrecking yard.
(4)
Bowling establishments: For bowling pin refinishing
and bowling lane resurfacing operations involving the use and application
of flammable or combustible liquids or materials.
(5)
Cellulose nitrate motion-picture film: To store, keep,
or have on hand more than 25 pounds of cellulose nitrate motion-picture
film.
(6)
Cellulose nitrate plastics (pyroxylin):
(7)
Combustible fibers: To store, handle, or use combustible
fibers in quantities in excess of 100 cubic feet, except agricultural
products on a farm.
(8)
Combustible materials: To store combustible materials,
including but not limited to empty combustible packing cases, boxes,
barrels, or similar containers, rubber tires, baled cotton, cotton,
rubber, cork, or other similar materials in excess of 2,500 cubic
feet gross volume, on any premises.
(10)
Cryogenics: To store, handle, or use cryogenic fluids,
except cryogenics used as motor fuel and stored in motor vehicle tanks,
as follows:
(11)
Dry-cleaning plants: To use in excess of four gallons
of solvents or cleaning agents classified as flammable or combustible.
(12)
Dust-producing plants: To operate any grain elevator,
flour, starch, or feed mill, woodworking plant, or plant pulverizing
aluminum, coal, cocoa, plastics, magnesium, spices, sugar, sulfur,
or other materials producing explosive-potential dust.
(14)
Flammable and combustible liquids:
(a)
To store, handle, or use flammable liquids in
excess of 6 1/2 gallons inside dwellings; or in excess of 10
gallons inside any other building or other occupancy; or in excess
of 60 gallons outside of any building. This provision shall not apply
to:
(b)
To store, handle, or use combustible liquids
in excess of 25 gallons inside a building; or in excess of 60 gallons
outside of a building. This provision shall not apply to fuel oil
used in connection with oil-burning equipment.
(c)
A permit shall be obtained for the initial installation
of an oil burner and a fuel oil tank used in connection therewith.
A permit shall be required for the replacement of a fuel oil tank
connected to an oil burner.
(d)
For processing, blending, or refining of flammable
or combustible liquids.
(15)
Flammable finishing: For spraying, coating, or dipping
operations utilizing flammable or combustible liquids.
(16)
Fruit-ripening process: To conduct a fruit-ripening
process using ethylene gas.
(17)
Fumigation and thermal insecticidal fogging: To conduct
fumigation or thermal insecticidal-fogging operations.
(18)
Hazardous chemicals:
(a)
To store, handle, or use more than 55 gallons
of corrosive liquids; or more than 50 pounds of oxidizing materials;
or more than 10 pounds of organic peroxides; or more than 50 pounds
of nitromethane; or 1,000 pounds or more of animonium nitrate, ammonium
nitrate fertilizers, and fertilizer mixtures containing 60% or more
ammonium or any amount of toxic material or poisonous gas.
(b)
To store, handle, or use any quantity of air-reactive,
water-reactive, or unstable materials.
(19)
Junkyards: To operate a junkyard.
(20)
Liquefied petroleum gas: For each installation of
liquefied petroleum gas employing a container or an aggregate of interconnected
containers of over 2,000 gallons of water capacity, and for each permanent
installation, irrespective of size of containers, made at buildings
in which 20 or more persons congregate for civic, political, educational,
religious, social, or recreational purposes. Installers shall maintain
a record of all installations and replacement of portable cylinders
and have it available for inspection.
(21)
Lumberyards: To operate a lumberyard.
(22)
Magnesium: For melting, casting, heat treating, machining,
or grinding of more then 10 pounds of magnesium per working day.
(24)
Organic coatings: To perform organic coating operations
utilizing more than one gallon of organic coating on any working day.
(25)
Ovens and furnaces: To operate industrial processing
ovens and furnaces operating at approximately atmospheric pressures
and temperatures not exceeding 1,400° Fahrenheit which are heated
with oil or gas fuel or which during operation contain flammable vapors
from the material in the oven or the catalytic combustion system.
(26)
Places of assembly: To maintain, operate, or use a
place of assembly with an occupant load of 100 persons or more.
[Amended 8-25-2010 by L.L. No. 8-2010]
(27)
Service stations and repair garages: To operate a
service station or repair garage.
(28)
Welding and cutting: To operate a welding and cutting
business. A record of all locations where welding or cutting operations
are performed shall be maintained and kept available for inspection
by the permit holder.
(29)
Use
of pyrotechnic devices in assembly occupancies
[Added 8-25-2010 by L.L. No. 8-2010]
(30)
Buildings
whose use or occupancy classification may pose a substantial potential
hazard to public safety, as determined by the Building Inspector.
[Added 8-25-2010 by L.L. No. 8-2010]
E.
Consolidated permits. When more than one permit is
required for the same property or premises, a single permit may be
issued listing all materials or operations covered. Revocation of
a portion or portions of such consolidated permit, for specific hazardous
material or operations, shall not invalidate the remainder.
F.
Location of permits. Permits shall be kept on property
or premises covered by the permit or carried by the permit holder.
G.
Revocation of permits. Permits may be suspended or
revoked when it is determined there is a violation of a condition
under which the permit was issued or there has been misrepresentation
or falsification of material facts in connection with the permit application
or a condition of the permit.
A.
Periodic. The Fire Code Enforcement Officer shall
conduct periodic inspections for compliance with the provisions of
the State Fire Prevention Code. Such inspections may be made at any
reasonable time.
B.
Refusal to admit; procedure. If entrance to make an
inspection is refused or cannot be obtained, the Fire Code Enforcement
Officer may apply for a warrant to make an inspection to any court
of competent jurisdiction.
A.
Compliance with applicable laws. A person owning,
operating, occupying, or maintaining property or premises within the
scope of the State Fire Prevention Code or this chapter shall comply
with all the provisions of the State Fire Prevention Code, this chapter,
and all orders, rules, notices, regulations, or determinations issued
in connection therewith.
B.
Issuance of violation order. Whenever the Fire Code
Enforcement Officer finds that there has been a violation of the State
Fire Prevention Code, this chapter, or any rule or regulation adopted
pursuant to this chapter, a violation order shall be issued to the
person or persons responsible.
C.
Violation orders; contents. 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 within which an
appeal may be taken.
D.
Service of violation orders. 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.
E.
Application to court. 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, the Fire Code Enforcement Officer shall issue an
appearance ticket with respect to the violation.
A.
Failure to comply. Failure to comply with any of the State Fire Prevention
Code, this chapter, rules or regulations adopted pursuant to this
chapter, or a violation order shall be deemed a violation and the
violator shall be liable for a fine set annually by resolution of
the Board of Trustees, or imprisonment not to exceed 15 days, or both.
[Amended 10-22-2014 by L.L. No. 13-2014]
B.
Injunctive relief. An action or proceeding in the
name of the Village of New Paltz may be commenced in any court of
competent jurisdiction to compel compliance with or restrain by injunction
the violation of any provision adopted pursuant to this chapter, 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.
The Fire Code Enforcement Officer shall keep
official records of all permits, inspection reports, recommendations,
complaints, and violation orders.
A.
Public nuisance. 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.
B.
Emergencies.
[Amended 11-14-2001 by L.L. No. 13-2001]
(1)
Whenever the Fire Code Enforcement Officer 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 Code Enforcement Officer 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.
(2)
If the building or structure has heretofore been designated as a landmark pursuant to the provisions of § 9-20 of the Municipal Code or is located within an historic district, the Fire Code Enforcement Officer shall consult with the Historic Preservation Commission before ordering the demolition or renovation of the building or structure.
C.
Vacating premises.
(1)
The Fire Code Enforcement Officer 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.
(2)
Except for the owner, no person shall enter the premises
which have been ordered vacated unless authorized to perform inspections
or to repair or demolish and remove such building or structure or
part thereof.
D.
Assessment of costs and expenses. All costs and expenses
incurred by the Village of New Paltz 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
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 such action, the Fire Code Enforcement
Officer may file with the assessor 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. The assessor 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
upon such property, 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 Village of New Paltz.
Where practical difficulties or unnecessary
hardships may result from an enforcement of any provision or requirement
of the State Fire Prevention Code, a petition for an appeal or a variance
may be presented to the Board of Review for the New York State Uniform
Fire Prevention and Building Code established in the Department of
State of the State of New York pursuant to Title 19 of the New York
Codes, Rules, and Regulations.
