[HISTORY: Adopted by the Common Council of the City of Albany 7-18-1983 as Ch. XI of the 1983 Code. Amendments noted where applicable.]
Article I Fire Prevention Code
Article II Fireworks and Pyrotechnics
The purpose of this article is to provide for a local fire prevention code of the City of Albany and to provide the basic method of administration and enforcement of the State Fire Prevention Code.
The City of Albany has adopted the State Fire Prevention Code effective November 1, 1978, by a resolution of the Common Council dated October 2, 1978.
The Department of Fire of the City of Albany is hereby designated to administer and enforce the State Fire Prevention Code and this article within the City of Albany.
The Chief of the Fire Department or his representative shall conduct periodic inspections for compliance with the provisions of this article and the State Fire Prevention Code. Such inspection may be made at any reasonable time.
No person shall kindle, make or keep a fire in any yard or building in the City unless in a wire, steel, concrete, brick or other fireproof enclosure or receptacle. A fire so kindled, built or maintained, as aforesaid, on the outside of any building shall be continuously under the care and direction of a competent adult from the time it is kindled until it is extinguished. Any fire kindled or built outside of any building shall be at least 25 feet from any wood structure, and in no event shall such fire be built within 10 feet of any type of structure. The Chief of the Department of Fire or his representative shall have the authority in all cases to prohibit the use of any fireplace or fire-burning receptacle within or outside of any building, as aforesaid, which in his opinion shall be deemed hazardous and dangerous. In no event shall this article be construed to permit the burning of garbage or any material which would produce noxious odors.
No hay, straw or other combustible substance or material shall be deposited within 15 feet of any place where fire or ashes are kept unless such place is a closed and secure building, under penalty of $50 for every offense, and the like sum for every 24 hours that such matter so deposited shall remain there. Whenever an inspector shall find in any building or upon any premises combustible or explosive matter or dangerous accumulations of rubbish or unnecessary accumulations of wastepaper, boxes, shavings or any highly flammable materials and which are so situated as to endanger life or property, or shall find 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, he shall order the same to be removed or remedied.
No person shall drive any vehicle over any hose stretched or laid, or being stretched or laid, at any fire or alarm of fire in the City of Albany.
No person shall place or permit to be placed upon his control any container of liquefied petroleum gas, LPG, having a water capacity of more than 40 pounds unless he shall first have obtained a permit from the Building Department of the City of Albany.
Each application for a permit for the storage of LPG shall be made on such forms as are prescribed by the Building Department and in accordance with such rules and regulations prescribed by the Building Department.
A site plan showing the proposed installation must accompany each application.
Each application must be accompanied by a nonrefundable fee of $100.
The Building Commissioner shall review the application jointly with the Chief of the Fire Department. Both Departments shall inspect the proposed installation to ensure compliance with the New York State Uniform Fire Prevention and Building Code, Standard No. 58 of the National Fire Protection Association and any other applicable statutes, rules or regulations. In addition to the requirements of these standards, the maximum storage capacity of LPG installations within the City of Albany is set forth in § 197-10. In considering each application for a permit for the storage of LPG, the Building Commissioner may reduce this maximum limit where, in his judgment or that of the Fire Chief, the storage of a greater amount of LPG would be dangerous with respect to:
The maximum single container capacity shall be 1,000 gallons.
The maximum aggregate multicontainer storage capacity shall be 12,000 gallons.
Installations in excess of 1,000 gallons shall be installed below ground.
Aboveground installations shall be enclosed within a chain link fence with a minimum height of six feet and a minimum of two grates on opposite ends.
In all other respects, the standards as set forth in Standard No. 58 of the National Fire Protection Association shall be adhered to.
Permits for LP gas installations shall not be transferable, and any change in activity, operation, location, ownership or use shall require a new permit.
Any person, firm or corporation violating any of the provisions of this article shall be guilty of an offense punishable by a fine of not less than $50 nor more than $500. Each day's continuous violation shall constitute a separate additional offense.
[Amended 5-15-2017 by Ord. No. 26.31.17]
Any person aggrieved by a decision of the Building Commissioner may appeal such decision to the Board of Zoning Appeals pursuant to Chapter 375 of the Code of the City of Albany.
If any section or provision of this article shall at any time be declared to be unconstitutional, it is the express legislative intent that no other section or provision hereof be thereby affected.
The Common Council hereby finds and declares it to be in the overall interest of the public health, safety and welfare that displays of fireworks and other pyrotechnics be regulated and authorized to minimize the risk of injury to persons and property.
[Amended 6-7-2010 by Ord. No. 50.41.10]
No display of fireworks or other pyrotechnics shall be conducted within the City of Albany without a permit therefor, obtained from the City of Albany Department of Fire. Fireworks shall not be discharged within 1,800 feet of any hospital.
Application for a permit to conduct a display of fireworks or other pyrotechnics shall be made at least 15 days prior to the date of the intended display to the Chief of the City of Albany Department of Fire on forms provided by him.
Such application shall set forth:
The name of the organization sponsoring the display, together with the names of the persons actually in charge of firing the display.
Evidence of financial responsibility, including insurance carrier and amount of and policy number of insurance coverage (minimum amount to be $1,000,000).
Date, time and duration of the display.
Exact location of the display.
A description setting forth the age, experience and physical characteristics of the persons who are to do the actual discharging of the display.
The number, quantity and types of displays to be discharged and the methods and materials used to ignite them.
The manner and place of storage of such materials used in the display.
Any and all fire suppression devices to be placed or used or any fire suppression apparatus required to attend or stand by during the display.
For outside displays, a diagram of the grounds on which the display is to be held showing the point at which the display is to be discharged, the location of all buildings, highways and other lines of communication, the lines behind which the audience is to be restrained and the location of all nearby trees, telegraph or telephone lines or overhead obstructions.
For indoor displays, a diagram of the structure in which the display is to be held showing the point or points at which the display will be discharged, proximity to all stage and structural appurtenances and their combustibility and proximity to any person or persons, whether members of the audience or part of the performance or display.
A fee of $75 shall be charged for processing such application, which shall be paid at the time of submission of the application.
[Amended 5-19-2008 by Ord. No. 25.42.08]
Upon receipt of a complete application and payment of the fee aforesaid, the Fire Chief or his designee shall do an investigation of the site and surroundings of the proposed display for the purpose of determining whether issuance of the permit will be consistent with and adequately preserve the public health, safety and welfare. Failure of the Fire Chief to approve the application shall prohibit the intended display within the City of Albany and shall constitute sufficient cause for any other state or municipal agency having jurisdiction to deny any other required permit.
All displays of fireworks or other pyrotechnics shall be operated and conducted in accordance with the New York State Uniform Fire Prevention and Building Code, New York Penal Law and all other applicable New York State and City of Albany requirements. Nothing contained herein shall be construed or interpreted to supersede such laws of the rules, regulations or permitting process of any state or other agency having jurisdiction over said display.