[Adopted 8-9-1980 as L.L. No. 10-1980]
This Article shall provide the basic method
for administration and enforcement of the State Fire Prevention Code
in the Village of Ocean Beach and shall establish powers, duties and
responsibilities in connection therewith.
[Amended 6-19-1993 by L.L. No. 2-1993; 7-17-1993 by L.L. No.
3-1993]
There is hereby designated a Fire Marshal to administer and enforce this chapter and the State Fire Prevention Code within the Village of Ocean Beach. The Fire Marshal shall also have the authority to administer and enforce in his own name, by issuing summonses and/or notices of violation, all of the provisions of Chapter 64 (Building Code) with the same authority as the Building Inspector is given in Chapter 64 and violations of all of the provisions of Chapter 164 (Zoning Code) with the same authority as given to the Building Inspector and Rental Inspector in Chapter 164.
[Amended 6-19-1993 by L.L. No. 2-1993]
A.
The Fire Marshal 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 Article or any other provision of law.
B.
The Fire Marshal shall publish all rules and regulations
at least 10 days prior to the effective date thereof in a newspaper
of general circulation within the Village of Ocean Beach.
A.
Upon payment of fees as prescribed in the schedule
of fees adopted by the Fire Marshal, permits shall be issued by and
bear the name and signature of the Fire Marshal and shall specify:
[Amended 6-19-1993 by L.L. No. 2-1993]
B.
Permits shall not be transferable; and any change
in activity, operation, location, ownership or use shall require a
new permit.
C.
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 that a satisfactory reason can
be shown for failure to start or complete the work or activity authorized
within the required time period.
D.
Permits shall be obtained for the following:
|
Acetylene generators: to operate an acetylene
generator having a calcium carbide capacity exceeding five pounds.
| |
|
Cellulose nitrate motion picture film: to store,
keep or have on hand more than 25 pounds of cellulose nitrate motion
picture film.
| |
|
Cellulose nitrate plastics (pyroxylin): to store,
keep or have on hand more than 25 pounds of cellulose nitrate plastics
(pyroxylin).
| |
|
Combustible fibers: to store, handle or use
combustible fibers in quantities in excess of 100 cubic feet.
| |
|
Combustible materials: to store 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 500 cubic feet
gross volume on any premises.
| |
|
Compressed gases:
| |
|
(1)
|
To store, handle or use at normal temperatures
and pressures more than 2,000 cubic feet of flammable compressed gas,
or 6,000 cubic feet of nonflammable compressed gas.
|
|
(2)
|
To store, handle or use any quantity of liquefied,
natural or hydrogen gas.
|
|
Cryogenics: to store, handle or use cryogenic
fluids, except cryogenics used as a motor fuel and stored in motor
vehicle tanks as follows:
| |
|
(1)
|
Production, sale or storage of cryogenic fluids.
|
|
(2)
|
Storage or use of flammable cryogenic fluids,
cryogenic oxidizers or liquefied oxygen in excess of 10 gallons.
|
|
Dry-cleaning plants: to use in excess of four
gallons of solvents or cleaning agents classified as flammable or
combustible.
| |
|
Explosive ammunition and blasting agents:
| |
|
(1)
|
To manufacture, possess, store, sell or otherwise
dispose of explosives and blasting agents.
|
|
(2)
|
To use explosives or blasting agents.
|
|
(3)
|
To operate a terminal for handling explosives
or blasting agents.
|
|
Flammable and combustible liquids:
| |
|
(1)
|
To store, handle or use flammable liquids in
excess of six and one-half (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
paints, oils, varnishes or similar flammable mixtures when such liquids
are stored for maintenance, painting or similar purposes.
|
|
(2)
|
To store, handle or use combustible liquids
in excess of 25 gallons inside a building, or in excess of 60 gallons
outside of any building. This provision shall not apply to fuel oil
used in connection with oil-burning equipment.
|
|
(3)
|
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.
|
|
(4)
|
For processing, blending or refining of flammable
or combustible liquids.
|
|
Freestanding fireplace: to install and operate
a freestanding fireplace.
| |
|
Hazardous chemicals:
| |
|
(1)
|
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 ammonium nitrate, ammonium
nitrate fertilizers and fertilizer mixtures containing 60% or more
ammonium or any amount of toxic material or poisonous gas.
|
|
(2)
|
To store, handle or use any quantity of air-reactive,
water-reactive or unstable materials.
|
|
Liquefied petroleum gas: for 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.
Installers shall maintain a record of all installations and replacement
of portable cylinders and have it available for inspection.
| |
|
Organic coatings: to perform organic coating
operations utilizing more than one gallon of organic coating on any
working day.
| |
|
Ovens and furnaces: to operate industrial processing
ovens and furnaces operating at approximately atmospheric pressures
and temperatures not exceeding 1,400° F. which are heated with
oil or gas fuel or which, during operation, contain flammable vapors
from the material in the oven or catalytic combustion system.
| |
|
Places of assembly: to maintain, operate or
use a place of assembly.
| |
|
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.
| |
|
Woodburning stove or coalburning stove: to install
and operate any woodburning stove or coalburning stove.
| |
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
materials 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 that 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.
[Amended 6-19-1993 by L.L. No. 2-1993]
A.
The Fire Marshal 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.
If entrance to make an inspection is refused or cannot
be obtained, the Fire Marshal may apply for a warrant to make an inspection
to any court of competent jurisdiction.
A.
A person owning, operating, occupying or maintaining
property or premises within the scope of the State Fire Prevention
Code or this Article shall comply with all the provisions of the State
Fire Prevention Code, this Article and all orders, notices, rules,
regulations or determinations issued in connection therewith.
B.
Whenever the Fire Marshal finds that there has been a violation of the State Fire Prevention Code, this Article or any rule or regulation adopted pursuant to this Article, a violation order or summons pursuant to § 87-23 shall be issued to the person or persons responsible.
[Amended 6-19-1993 by L.L. No. 2-1993; 7-17-1993 by L.L. No.
3-1993]
C.
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.
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.
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,
a request to take appropriate legal action shall be made to the Village
Attorney of the Village of Ocean Beach.
[Amended 6-19-1993 by L.L. No. 2-1993; 7-17-1993 by L.L. No.
3-1993]
A.
Failure to comply with any provision of the State
Fire Prevention Code, this Article, rules or regulations adopted pursuant
to this Article or a violation order shall be deemed a violation,
and the violator shall be liable for a fine of not more than $250
or imprisonment not to exceed 15 days, or both, and each day such
violation continues shall be deemed and is a separate violation.
B.
Whenever the Fire Marshal finds that there has been a failure to comply with any provision of the State Fire Prevention Code or this Article or rules or regulations adopted pursuant to this Article or a violation order issued pursuant to § 87-22, he is authorized to issue a summons for the violation, to be answerable before the Village Justice pursuant to § 87-23A and § 1-14A. Said summons shall set forth and identify the property and the nature of the violation. The summons 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.
C.
An action or proceeding in the name of the Fire Marshal
of the Village of Ocean Beach may be commenced in any court of competent
jurisdiction to compel compliance with or restrain by injunction the
violation of any provision of the State Fire Prevention Code, this
Article, rules or regulation adopted pursuant to this Article 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.
[Amended 6-19-1993 by L.L. No. 2-1993; 7-17-1993 by L.L. No.
3-1993]
The Fire Marshal shall keep official records
of all permits, inspection reports, recommendations, summonses, complaints
and violation orders.
A.
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.
Whenever the Fire Marshal 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 Marshal may cause
it to be demolished and removed or cause any work to be done in and
about the building or structure as may be necessary to remove the
danger.
[Amended 6-19-1993 by L.L. No. 2-1993]
C.
The Fire Marshal 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. Except for the owner, no person
shall enter premises which have been ordered vacated unless authorized
to perform inspections or repairs or to demolish and remove such building
or structure, or part thereof.
[Amended 6-19-1993 by L.L. No. 2-1993]
D.
All costs and expenses incurred by the Fire Marshal
of the Village of Ocean Beach 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
expenses 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 shall 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 Marshal
may file 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, with the Assessor,
who shall, in the preparation of the next assessment roll, assess
such amount upon the levy against such property, which shall constitute
a lien 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 Ocean Beach.
[Amended 6-19-1993 by L.L. No. 2-1993]
A.
A Board of Review is hereby established for the purpose
of granting variances where enforcement of any provision or requirement
of the State Fire Prevention Code results in practical difficulties
or unnecessary hardships. Any such variance shall be consistent with
the spirit of the code and shall not be inconsistent with Subdivision
2 of § 391 of the Executive Law.
B.
Composition; terms.
(1)
The Board of Review shall be composed of three persons
to be appointed by the Mayor with the consent of the Board of Trustees.
one such person shall be a member of the Zoning Board of Review, one
such person shall be a member of the Planning Board, and one such
person shall be the Fire Chief or an Assistant Fire Chief. The term
of each member shall be for three years or until his successor shall
be appointed and qualifies; provided, however, that such member shall
be deemed to have resigned from the Board of Review at the time such
member ceases to be a member of the Zoning Board of Appeals, the Planning
Board or a Fire Chief or an Assistant Fire Chief, as the case may
be.
(2)
The terms of the members of the Board shall be staggered,
and upon initial appointment, the Mayor shall designate the initial
term of each member. Subsequent appointments shall be for a full term,
except that an appointment to fill a vacancy shall be for the remainder
of the term of office. The Mayor shall appoint a Chairman who shall
preside at all meetings.
C.
The Board of Review may adopt regulations governing
its procedures and appropriate forms for efficient administration.
D.
The Fire Marshal shall obtain a copy of the Board
of Review's decision for his records.
[Amended 6-19-1993 by L.L. No. 2-1993]
