[HISTORY: Adopted by the Board of Trustees of the Village of Sea
Cliff 9-17-1979 by L.L. No. 20-1979, effective 10-15-1979. Amendments noted
where applicable.]
GENERAL REFERENCES
Building construction administration — See Ch. 48.
Health and safety — See Ch. 78.
Zoning — See Ch. 138.
Schedule of fees — See Ch. A142.
Fire Department bylaws and rules — See Ch. A143.
Rules and regulations of the Zoning Board of Appeals — See Ch. A150.
Rules and regulations for administration and enforcement of the Fire Prevention Code — See Ch. A152.
This chapter shall be known and may be cited as the "Fire Prevention
Law of the Incorporated Village of Sea Cliff."
For the purposes of this chapter, the definitions of the terms used
herein and the usage of words shall be the same as in the New York State Fire
Prevention Code[1] (hereinafter referred to as the "Fire Prevention Code" or "code") and in Chapter 138, Zoning, insofar as the same pertain. In case of conflict between Chapter 138 and the Fire Prevention Code, the provisions of the code shall take precedence.
[1]
Editor's Note: See Official Compilation of Codes, Rules and Regulations
of the State of New York (NYCRR), Vol. 9(B).
A.
The safeguarding of life and property from the hazards
of fire, explosion or release of toxic gases arising from the storage, handling
or use of combustible or hazardous substances, materials or devices shall
hereafter be carried out in accordance with the provisions of the Fire Prevention
Code and this chapter, applicable to the particular type of hazard involved.[1]
[1]
Editor's Note: See Executive Law, Article 18-A.
B.
The Fire Prevention Code is hereby adopted, to become
effective in accordance with § 27 of the Municipal Home Rule Law,
but in no event later than 60 days after the date of enactment of this section
and chapter. Enactment of this section shall constitute the action required
by law for acceptance of the applicability of the Fire Prevention Code,[2] and a certified copy of this chapter, attached to the appropriate
form for filing local laws, shall be filed by the Village Clerk in the office
of the New York Secretary of State; the New York State Comptroller; and the
New York State Building Code Council, Division of Housing and Community Renewal,
Two World Trade Center, New York, New York 10047.
[2]
Editor's Note: Adoption of the Fire Prevention Code herein is intended
to comply with the adoption procedures set forth in Executive Law §§ 392
and 374-a.
C.
The Fire Prevention Code is hereby incorporated as fully
as if set out at length, and the provisions thereof shall be controlling in
connection with the condition, occupancy, maintenance, conservation, rehabilitation
and renewal of existing buildings, structures and premises contained within
the corporate limits of the Village of Sea Cliff, in addition to any provisions
now in force or hereafter provided in the Code of the Village of Sea Cliff
or any other laws; ordinances, rules or regulations of said Village.
D.
This chapter shall provide the basic method for administration
and enforcement of the Fire Prevention Code in the Village and shall establish
powers, duties and responsibilities in connection therewith.
The position of Fire Prevention Inspector is hereby created. The Fire
Prevention Inspector shall be a person appointed by the Mayor, responsible
for the administration and enforcement of the Fire Prevention Code.
The Fire Prevention Inspector is hereby authorized to adopt, promulgate,
amend and repeal rules and regulations for the purpose of administering and
enforcing the code and fully implementing the provisions of this chapter.
Such rules and regulations, and any amendment thereto, shall be subject to
approval by the Board of Trustees and, once approved, shall be made a part
of this Code with the same force and effect as all other laws of the Incorporated
Village of Sea Cliff.[1]
A.
A fire safety permit is required and 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: 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.
(8)
Combustible materials: to store, on any premises, combustible
materials, including but not limited to empty combustible packing cases, boxes,
barrels or similar containers, rubber tires, baled cotton, rubber, cork or
other similar materials in excess of 2,500 cubic feet gross volume.
(10)
Cryogenics: to store, handle or use cryogenic fluids,
except cryogenics used as a 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, in
a period of six months or less.
(12)
Dust-producing plants: to operate any 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 liquids in the fuel tank of a motor vehicle,
aircraft, portable or stationary engine, boat or portable heating plant; or
to paints, oils, varnishes or similar flammable mixtures when such liquids
are stored for maintenance, painting or similar purposes.
(b)
To store, handle or use combustible liquids in excess
of 25 gallons inside a building or in excess of 60 gallons outside a building.
This provision shall not apply to fuel oil used in connection with oil-burning
equipment.
(c)
To initially install an oil burner and a fuel tank used
in connection therewith and to replace a fuel oil tank connected to an oil
burner.
(d)
To process, blend or refine flammable or combustible
liquids.
(15)
Flammable finishings: 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)
Gasoline service station: to operate a gasoline service
station.
(19)
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 more than
1,000 pounds of ammonium 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.
(20)
Junkyards: to operate a junkyard.
(21)
Liquefied petroleum gas: each installation of liquefied
petroleum gas employing a container or an aggregate of interconnected containers
of over 2,000 gallons' 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. Installer shall maintain a record of all installations
and replacement of portable cylinders and have it available for inspection.
(22)
Lumberyards: to operate a lumberyard.
(23)
Magnesium: melting, casting or heat treating, machining
or grinding more than 10 pounds of magnesium per working day.
(25)
Motor vehicle body repair shop: to operate a motor vehicle
body repair shop.
(26)
Organic coatings: to perform organic coating operations
utilizing more than one gallon of organic coating on any working day.
(27)
Ovens and furnaces: to operate industrial processing
ovens and furnaces operating at atmospheric pressures and temperatures not
exceeding approximately 1,400º F., which are heated with oil or gas fuel
or which, during operating, contain flammable vapors from the material in
the oven or catalytic combustion system.
(28)
Places of assembly: to maintain, operate or use a place
of assembly.
(29)
Public garage: to operate a public garage.
(30)
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.
B.
Fire safety permits shall be issued by the Fire Prevention Inspector. The fee for and duration of such permit shall be as set forth in Chapter A142, Schedule of Fees. Such fee shall accompany each application for a permit, which shall be in writing and shall be filed with the Fire Prevention Inspector.
C.
Each permit shall specify:
D.
A fire safety permit shall be prominently displayed on
the premises for which it has been issued.
E.
Permits shall not be transferable, and any change in
activity, operation, location, ownership or use shall require a new permit.
F.
Permits shall continue in effect until revoked or for
the period of time designated at the time of issuance. An extension of the
permit time period may be granted, provided that a satisfactory reason can
be shown for failure to start or complete the work or activity authorized
within the required time period.
G.
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 materials or operations, shall
not invalidate the remainder.
H.
Revocation of permits. Permits may be suspended or revoked
by the Fire Prevention Inspector if it is determined that there has been 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.
The Fire Prevention Inspector shall conduct periodic
inspections for compliance with the provisions of the Fire Prevention Code
and this chapter.
B.
The Fire Prevention Inspector, upon showing proper credentials
and in the discharge of his duties, may enter upon any building, structure
or premises at any reasonable hour, and no person shall interfere with or
prevent such entry. Any person interfering with or preventing or impeding
the Fire Prevention Inspector from effecting entry into premises or upon vacant
land in the course of the discharge of his duties shall be deemed guilty of
a violation under the provisions of this Code.[1] If entrance to make an inspection is refused or cannot be obtained,
the Fire Prevention Inspector may apply to any court of competent jurisdiction
for a warrant to make an inspection.
The Fire Prevention Inspector shall keep official records of all permits,
inspection reports, recommendations, complaints and violation orders.
A.
Where practical difficulties or unnecessary hardships
may result from enforcement of the Fire Prevention Code, appeals for variances
or modifications therefrom consistent with the spirit of the code and not
inconsistent with the requirements of the Executive Law[1] may be made to the Zoning Board of Appeals, which is hereby empowered
to hear such appeals and to vary or modify in whole or in part any provision
of requirement of the Fire Prevention Code.
[1]
Editor's Note: See Executive Law § 391.
B.
The Zoning Board of Appeals is hereby authorized to adopt,
promulgate, amend and repeal rules and regulations governing its procedure
and the transaction of its business for the purpose of fully implementing
the provisions of this chapter. Such rules and regulations, and any amendment
thereto, shall be subject to approval by the Board of Trustees and, once approved,
shall be made a part of this Code with the same force and effect as all other
laws of the Incorporated Village of Sea Cliff.[2]
C.
The Zoning Board of Appeals shall forward to the Fire
Prevention Inspector, for his information, copies of all decisions on appeals
made pursuant to this section. The Fire Prevention Inspector shall make such
decisions part of his official records.
A.
Any person owning, operating, occupying or maintaining
property or premises subject to the regulation of the Fire Prevention Code
or this chapter shall comply with all the provisions of the Fire Prevention
Code, this chapter and all orders, notices, rules, regulations or determinations
issued in connection therewith.
B.
Whenever the Fire Prevention Inspector finds that there
has been a violation of the Fire Prevention Code, this chapter or any rule
or regulation adopted pursuant to this chapter, a notice of violation shall
be issued by the Fire Prevention Inspector to the person or persons responsible.[2]
C.
Notices of violation 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, shall indicate
that the fire safety permit will be revoked if compliance is not had within
such time limit and shall state the time within which an appeal for a variance
may be made to the Board of Review. No fire safety permit shall be revoked
while such an appeal is pending.
D.
Notices of violation may be served by personal service
upon, or by certified or registered mail to, the owner or his authorized agent
at the premises or at the address given in the application for the fire safety
permit issued therefor. Alternatively, notices of violation may be served
by posting a copy thereof in a conspicuous place on the premises and by mailing
a copy thereof on the same day as posted, enclosed in a postpaid wrapper,
addressed to the owner or his authorized agent at the premises or at the address
given in the application for the fire safety permit issued therefor.
E.
In case the person responsible shall fail, neglect or
refuse to remove, eliminate or abate the violation within the time specified
in the violation order, appropriate legal action shall be taken by the Fire
Prevention Inspector.
[1]
Editor's Note: See Executive Law § 396.
An action or proceeding in the name of the Incorporated Village of Sea
Cliff may be commenced in any court of competent jurisdiction to compel compliance
with or restrain by injunction the violation of any provision of the Fire
Prevention Code, this chapter or any rule or regulation adopted pursuant to
this chapter or a notice of violation issued pursuant thereto. Such remedy
shall be in addition to penalties otherwise prescribed by law or this Code.
