[HISTORY: Adopted by the Village Board of the Village of
Webster 10-12-2023 by L.L. No. 3-2023.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch. 46,
Fire Prevention, adopted 6-14-1982 by L.L. No. 5-1982, as amended.
A.
The Village Board of the Village of Webster hereby adopts the New
York State Uniform Fire Prevention and Building Code (the Uniform
Code), and the State Energy Conservation Code (the Energy Code) and
all subsequent amendments thereto.
A.
This article shall provide the basic method for administration and
enforcement of the Uniform Code and Energy Code and shall establish
powers, duties, and responsibilities in connection therewith.
B.
The provisions of this code shall apply equally to new and existing
conditions, except that existing conditions not in strict compliance
with the terms of this code shall be permitted to continue where the
exceptions do not constitute a distinct hazard to life or property
in the opinion of the Fire Marshal or Deputy Fire Marshals.
C.
Whenever the Fire Marshal or duly authorized assistant deems that
a violation, condition, or situation as set forth in this code constitutes
a distinct hazard to life or public safety, said officer may remove
the hazard and/or order the building or premises immediately closed
to the public until said violation, condition or situation is corrected
at the owner's expense.
A.
The Village Board of the Village of Webster hereby appoints any duly
appointed Town of Webster Fire Marshal or Deputy Fire Marshal as Fire
Marshal or Deputy Fire Marshal in the Village of Webster to administer
and enforce the New York State Uniform Fire Prevention and Building
Code and this chapter as it relates to fire prevention, control and
investigation within the Village of Webster.
B.
The Fire Marshal in charge of the Office of the Fire Marshal as well
as the Deputy Fire Marshal shall report to the Superintendent of Public
Works for matters related to the area within the Village of Webster.
C.
The chiefs of the fire departments that serve the Village of Webster
may detail such members of their fire departments as inspectors as
shall from time to time be necessary in the opinion of the Fire Marshal
and upon the Fire Marshal's request therefor.
D.
The Office of the Fire Marshal shall investigate the cause, origin
and circumstances of every fire occurring in the municipality which
is of suspicious nature, or which involves the loss of life or injury
to persons or by which property has been destroyed or substantially
damaged. Such investigation shall commence immediately following extinguishment
of such fire with the approval of the fire officer in charge, and,
if it appears that such fire is of suspicious origin, the Chief of
the Fire Department shall be immediately notified of the facts. The
Office of the Fire Marshal shall preserve immediately any physical
evidence, shall notify the proper authorities designated by law to
pursue the investigation of such matters and shall further cooperate
with the authorities in the collection of evidence and in the prosecution
of the case. The foregoing shall be without prejudice to the right
of the fire officer in charge to notify the proper authorities directly
and to turn over the evidence gathered at the scene of the fire to
such authorities.
E.
Every structure fire shall be reported to the Office of the Fire
Marshal after the occurrence of the same as soon as practicable by
the fire officer in charge. Furthermore, the Office of the Fire Marshal
shall be notified upon the occurrence of a working fire as soon as
possible.
F.
A report of the Office of Fire Marshal shall be made monthly and
annually and transmitted to the Village Board, Town Board, Fire Commissioner
and chiefs of each district of the Town; it shall contain all proceedings
under this code, with such statistics as the Fire Marshal may wish
to include therein. The Fire Marshal shall also recommend amendments
to the code which, in the Fire Marshal's judgment, shall be desirable.
Itemized reports of complaints shall be kept separate, Village from
Town.
A.
The Webster Village Board may adopt rules and regulations for the
administration and enforcement of the New York State Uniform Fire
Prevention and Building Code. Such rules and regulations shall not
conflict with the New York State Uniform Fire Prevention and Building
Code, this chapter, or any other provision of law.
B.
The Village Clerk of the Village of Webster shall publish all rules
and regulations at least 30 days prior to the effective date thereof
in a newspaper of general circulation within the Village of Webster.
A.
Upon the payment of a fee as prescribed in the schedule of fees adopted
by the Webster Village Board by resolution from time to time, permits
shall be issued by and bear the name and signature of the Fire Marshal
of the Village of Webster and shall specify:
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:
(1)
Acetylene generators: to operate an acetylene generator, 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):
(a)
To store, keep or have on hand more than 25 pounds of cellulose
nitrate plastics (pyroxylin) motion-picture film.
(b)
To manufacture articles of cellulose nitrate plastics (pyroxylin),
which shall include the use of cellulose nitrate plastics (pyroxylin)
in the manufacture or assembling of other articles.
(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, rubber, cork, or
other similar materials in excess of 2,500 cubic feet gross volume,
on any premises.
(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.
(15)
Flammable and combustible liquids.
(a)
To store, handle or use flammable liquids in excess of 6 1/2
gallons inside any building or other occupancy or in excess of 60
gallons outside of any building.
(16)
Flammable finishing: for spraying, coating or dipping operations
utilizing flammable or combustible liquids.
(17)
Fruit-ripening process: to conduct a fruit-ripening process using
ethylene gas.
(18)
Fumigation and thermal insecticidal fogging: to conduct fumigation
or thermal insecticidal fogging operations.
(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 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.
(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: for each installation of liquefied petroleum
gas employing a container or an aggregate or interconnected containers
of 500 gallons or more 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.
(22)
Lumberyards: to operate a lumberyard.
(23)
Magnesium: for melting, casting, heat-treating, machining or grinding
of more than 10 pounds of magnesium per working day.
(25)
Organic coatings: to perform organic coating operations utilizing
more than one gallon of organic coating on any working day.
(26)
Ovens and furnaces: to operate ovens and furnaces operating at approximately
atmospheric pressures and temperatures not exceeding 1,400° F.
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 issued by the Fire Marshal shall be
kept posted in a conspicuous place on the property or premises covered
by the permit for as long a period of time as the permitted activity
continues.
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.
H.
Permit fees; validity of permits; renewal.
(1)
Except as to bulk storage permit fees and flammable liquid transport
vehicle permit fees as set from time to time by the Village Board,
whenever the code provides or requires the issuance of a permit, application
therefor shall be made to the Fire Marshal of the Village of Webster.
Upon the filing of the application, a fee in the amount per the fee
schedule shall be paid to the Village Clerk of the Village of Webster.
(2)
All such permits as herein required shall be valid for a period of
one year and shall be renewed yearly upon application therefor and
the payment of the permit fee as herein required.
A.
Operation permits required.
(1)
Operating permits shall be required for conducting any process or
activity or for operating any type of building, structure, or facility
listed below:
(a)
Manufacturing, storing, or handling hazardous materials in quantities exceeding those listed in the applicable Maximum Allowable Quantity tables found in Chapter 50 of the FCNYS;
(b)
Buildings, structures, facilities, processes, and/or activities
that are within the scope and/or permit requirements of the chapter
or section title of the current FCNYS as it may from time to time
be amended, as follows:
[1]
Chapter 22, "Combustible Dust-Producing Operations." Facilities
where the operation produces combustible dust;
[3]
Chapter 25, "Fruit and Crop Ripening." Operating a fruit- or crop-ripening facility or conducting a fruit-ripening process using ethylene gas;
[4]
Chapter 26, "Fumigation and Insecticidal Fogging." Conducting
fumigation or insecticidal fogging operations in buildings, structures,
and spaces, except for fumigation or insecticidal fogging performed
by the occupant of a detached one-family dwelling;
[5]
Chapter 31, "Tents, Temporary Special Event Structures, and
Other Membrane Structures." Operating an air-supported temporary membrane
structure, a temporary special event structure, or a tent where approval
is required pursuant to Chapter 31 of the FCNYS;
[6]
Chapter 32, "High-Piled Combustible Storage." High-piled combustible
storage facilities with more than 500 square feet (including aisles)
of high-piled storage;
[7]
Chapter 34, "Tire Rebuilding and Tire Storage." Operating a
facility that stores in excess of 2,500 cubic feet of scrap tires
or tire by-products or operating a tire rebuilding plant;
[8]
Chapter 35, "Welding and Other Hot Work." Performing public
exhibitions and demonstrations where hot work is conducted, use of
hot work, welding, or cutting equipment, inside or on a structure,
except an operating permit is not required where work is conducted
under the authorization of a building permit or where performed by
the occupant of a detached one- or two-family dwelling;
[9]
Chapter 40, "Sugarhouse Alternative Activity Provisions." Conducting
an alternative activity at a sugarhouse;
[10]
Chapter 56, "Explosives and Fireworks." Possessing, manufacturing,
storing, handling, selling, or using, explosives, fireworks, or other
pyrotechnic special effects materials except the outdoor use of sparkling
devices as defined by Penal Law § 270;
[11]
Section 307, "Open Burning, Recreational Fires and Portable
Outdoor Fireplaces." Conducting open burning, not including recreational
fires and portable outdoor fireplaces;
[12]
Section 308, "Open Flames." Removing paint with a torch, or
using open flames, fire, and burning in connection with assembly areas
or educational occupancies; and
(c)
Energy storage systems, where the system exceeds the values
shown in Table 1206.1 of the FCNYS or exceeds the permitted aggregate
ratings in Section R327.5 of the RCNYS;
(d)
Buildings containing one or more assembly areas;
(e)
Outdoor events where the planned attendance exceeds 1,000 persons;
(f)
Facilities that store, handle or use hazardous production materials;
(g)
Buildings whose use or occupancy classification may pose a substantial
potential hazard to public safety, as determined by resolution adopted
by the Board of Trustees of this Village; and
(h)
Other processes or activities or for operating any type of building,
structure, or facility as determined by resolution adopted by the
Board of Trustees of this Village.
B.
Applications for operating permits. An application for an operating
permit shall be in writing on a form provided by or otherwise acceptable
to the Code Enforcement Officer. Such application shall include such
information as the Code Enforcement Officer deems sufficient to permit
a determination by the Code Enforcement Officer that quantities, materials,
and activities conform to the requirements of the Uniform Code. If
the Code Enforcement Officer determines that tests or reports are
necessary to verify conformance, such tests or reports shall be performed
or provided by such person or persons as may be designated by or otherwise
acceptable to the Code Enforcement Officer, at the expense of the
applicant.
C.
Inspections. The Code Enforcement Officer or an inspector authorized
by the Code Enforcement Officer shall inspect the subject premises
prior to the issuance of an operating permit. Such inspections shall
be performed either in person or remotely. Remote inspections in lieu
of in-person inspections may be performed when, at the discretion
of the Code Enforcement Officer or an inspector authorized by the
Code Enforcement Officer, the remote inspection can be performed to
the same level and quality as an in-person inspection and the remote
inspection shows to the satisfaction of the Code Enforcement Officer
or inspector authorized by the Code Enforcement Officer that the premises
conform with the applicable requirements of the Uniform Code and the
code enforcement program. Should a remote inspection not afford the
Village sufficient information to make a determination, an in-person
inspection shall be performed. After inspection, the premises shall
be noted as satisfactory and the operating permit shall be issued,
or the operating permit holder shall be notified as to the manner
in which the premises fail to comply with either or both of the Uniform
Code and the code enforcement program, including a citation to the
specific provision or provisions that have not been met.
D.
Multiple activities. In any circumstance in which more than one activity listed in Subsection A of this section is to be conducted at a location, the Code Enforcement Officer may require a separate operating permit for each such activity, or the Code Enforcement Officer may, in their discretion, issue a single operating permit to apply to all such activities.
E.
Duration of operating permits.
(1)
Operating permits shall be issued for a specified period of time
consistent with local conditions, but in no event to exceed as follows:
(2)
The effective period of each operating permit shall be specified
in the operating permit. An operating permit may be reissued or renewed
upon application to the Code Enforcement Officer, payment of the applicable
fee, and approval of such application by the Code Enforcement Officer.
F.
Revocation or suspension of operating permits. If the Code Enforcement
Officer determines that any activity or building for which an operating
permit was issued does not comply with any applicable provision of
the Uniform Code, such operating permit shall be revoked or suspended.
A.
Inspections required. Fire safety and property maintenance inspections
of buildings and structures shall be performed by the Code Enforcement
Officer or an inspector designated by the Code Enforcement Officer
at the following intervals:
(1)
At least once every 12 months for buildings which contain an assembly
area;
(2)
At least once every 12 months for public and private schools and
colleges, including any buildings of such schools or colleges containing
classrooms, dormitories, fraternities, sororities, laboratories, physical
education, dining, or recreational facilities;
(3)
At least once every 24 months for multiple dwellings; and
(4)
At least once every 36 months for all nonresidential occupancies.
B.
Remote inspections. At the discretion of the Code Enforcement Officer
or inspector authorized to perform fire safety and property maintenance
inspections, a remote inspection may be performed in lieu of in-person
inspections when, in the opinion of the Code Enforcement Officer or
such authorized inspector, the remote inspection can be performed
to the same level and quality as an in-person inspection and the remote
inspection shows to the satisfaction of the Code Enforcement Officer
or such authorized inspector that the premises conform with the applicable
provisions of 19 NYCRR Part 1225 and the publications incorporated
therein by reference and the applicable provisions of 19 NYCRR Part
1226 and the publications incorporated therein by reference. Should
a remote inspection not afford the Code Enforcement Officer or such
authorized inspector sufficient information to make a determination,
an in-person inspection shall be performed.
C.
Inspections permitted. In addition to the inspections required by Subsection A of this section, a fire safety and property maintenance inspection of any building, structure, use, or occupancy, or of any dwelling unit, may also be performed by the Code Enforcement Officer or an inspector authorized to perform fire safety and property maintenance inspections at any time upon: 1) The request of the owner of the property to be inspected or an authorized agent of such owner; 2) Receipt by the Code Enforcement Officer of a written statement alleging that conditions or activities failing to comply with the Uniform Code or Energy Code exist; or 3) Receipt by the Code Enforcement Officer of any other information, reasonably believed by the Code Enforcement Officer to be reliable, giving rise to reasonable cause to believe that conditions or activities failing to comply with the Uniform Code or Energy Code exist; provided, however, that nothing in this subsection shall be construed as permitting an inspection under any circumstances under which a court order or warrant permitting such inspection is required, unless such court order or warrant shall have been obtained.
D.
OFPC inspections. Nothing in this section or in any other provision
of this chapter shall supersede, limit, or impair the powers, duties
and responsibilities of the New York State Office of Fire Prevention
and Control (OFPC) and the New York State Fire Administrator or other
authorized entity under Executive Law § 156-e and Education
Law § 807-b. Notwithstanding any other provision of this
section to the contrary, the Code Enforcement Officer may accept an
inspection performed by the Office of Fire Prevention and Control
or other authorized entity pursuant to §§ 807-a and
807-b of the Education Law and/or § 156-e of the Executive
Law, in lieu of a fire safety and property maintenance inspection
performed by the Code Enforcement Officer or by an inspector, provided
that:
(1)
The Code Enforcement Officer is satisfied that the individual performing
such inspection satisfies the requirements set forth in 19 NYCRR 1203.2(e);
(2)
The Code Enforcement Officer is satisfied that such inspection covers
all elements required to be covered by a fire safety and property
maintenance inspection;
(3)
Such inspections are performed no less frequently than once a year;
(4)
A true and complete copy of the report of each such inspection is
provided to the Code Enforcement Officer; and
A.
A person owning, operating, occupying, or maintaining property or
premises within the scope of the New York State Uniform Code or this
chapter shall comply with all the provisions of the Uniform Code,
the Energy Code, this chapter and all orders, notices, rules, regulations,
or determinations issued in connection therewith.
B.
Whenever the Fire Marshal of the Village of Webster finds that there
has been a violation of the Uniform Code, the Energy 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 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 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 reinspection to determine
compliance and shall state the time within which an appeal may be
made.
E.
Violation orders may be served by personal service, by mailing and
by posting a copy thereof in a conspicuous place on the premises.
F.
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, an appearance ticket
will be issued by the Fire Marshal or Deputy Fire Marshal.
A.
Unless otherwise provided in § 382 of the Executive Law,
failure to comply with any provision of the New York State Uniform
Fire Prevention and Building Code, this chapter 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 constitute a
separate violation.
B.
An action or proceeding in the name of the Village of Webster may
be commenced in any court of competent jurisdiction to compel compliance
with or restrain by injunction the violation of any provision of the
Uniform Code, the Energy Code, this chapter or any rule or regulation
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.
C.
In addition to the foregoing penalties, any vehicle or other obstruction
found parked in a fire lane will be ticketed for a no-parking violation,
removed, or towed away and stored by or at the direction of any peace
or law enforcement officer, the Fire Marshal or Deputy Fire Marshal.
Any such removal, towing or storage as herein provided may be performed
by a private towing contractor, and any and all expenses related thereto
shall be the full responsibility of the owner or person entitled to
possession of said vehicle or obstructing article.
D.
In addition, no person shall stop, stand, or park a vehicle within
15 feet of a fire hydrant except when such vehicle is attended by
a licensed operator or chauffeur who is seated in the front seat and
who can immediately move such vehicle in case of emergency, unless
a different distance is indicated by official signs, markings, or
parking meters.
The Fire Marshal of the Village of Webster shall keep official
records of all permits, inspection reports, recommendations, complaints,
violation orders, investigations and any other documents deemed necessary.
A.
The Webster Village Board is hereby designated as the hearing board
for appeals in connection with this chapter. This Board shall be responsible
for hearing and rendering decisions regarding appeals to this chapter.
B.
Where a person seeks relief from a decision of the Fire Marshal enforcing
provisions of this chapter, including permits, waivers, alternate
materials, alternate methods, approvals or variances or matters of
local law interpretations, that person may request reconsideration
of the Fire Marshal's decision by appealing to the Webster Village
Board in writing within 15 days of the Fire Marshal's decision.
The appeal shall state the reasons why relief is sought and what decision
the person feels should be forthcoming. A copy of the appeal shall
be transmitted to the Office of the Fire Marshal. Upon giving not
less than five business days' notice to the persons interested,
a hearing shall be held. The Board may, after such hearing, by a majority
vote, affirm, annul or modify the action of the Fire Marshal. The
decision of the Board shall be in writing, and a copy shall be mailed
to the appellant within seven business days after the conclusion of
the hearing, and any decisions made shall be final. Further recourse
shall be through established legal procedures.
C.
The provisions of this chapter shall be applied to this chapter only.
Any appeals seeking relief to the requirements and provisions of the
New York State Uniform Fire Prevention and Building Code shall be
transmitted to the appropriate Board of Review as described in 19
NYCRR Part 1205.
D.
The procedure set forth herein for appeals shall not prohibit the
Fire Marshal from immediately removing a hazard or ordering the immediate
closing of a building or premises until a violation of this chapter
has been corrected when such hazard or existence of such violation
constitutes, in the sole discretion of the Fire Marshal, a distinct
hazard to life or public safety.
A.
Fire Department and emergency service access shall be in accordance
with the Uniform Code and the following:
(1)
Fire lanes in commercial and industrial districts shall be 30 feet
in width.
(2)
Fire lanes in multiple residential districts shall be 25 feet in
width.
(3)
Fire lanes in school areas shall be 20 feet in width.
(4)
Fire lanes shall be clearly designated by approved markings on pavement
or signs or both. Signs shall be posted on both sides of a designated
fire lane. The top of the sign shall be six feet from the ground.
(a)
Signs in commercial areas shall be no more that 50 feet apart.
(b)
Signs in residential areas shall be placed at a distance to
be determined by the Fire Marshal.
(c)
Signs shall read NO PARKING FIRE LANE and shall have arrows
pointing in the direction of the area designated to be the fire lane.
(d)
All signs shall be stationary. Signs shall be 12 inches by 18
inches in size, with a white background, red legend and three-inch
letters.
(5)
Pavement markings shall be no more than 50 feet apart and shall read
NO PARKING FIRE LANE.
(6)
Pavement markings shall be painted on the pavement to read in the
direction of travel. If two-way traffic is maintained, every other
marking shall be painted in the opposite direction.
(7)
Pavement markings shall be painted on the pavement to the following
specifications:
(a)
All word markings shall be yellow in color.
(b)
All word markings shall read up, i.e., the first word shall
be nearest to the driver.
(c)
The elongated height of each letter shall be 26 inches.
(d)
The width of each letter shall be 18 inches. The letter "I"
is excluded from this requirement.
(e)
The stroke of each letter shall be five inches.
(8)
In addition, the operator of a motor vehicle shall not stop that
vehicle within a fire lane, whether occupied or not, otherwise than
temporarily for the purpose of and while actually engaged in the loading
and unloading of merchandise or passengers.
(9)
The markings of fire lanes on private property devoted to public
use shall be approved by the Fire Marshal, the Chief of Police or
both. The locations of signs shall be shown on final utility/grading
plans submitted for approval.
(10)
The owner or occupant of the property shall be required to post
signs or pavement markings, or both, approved by the Fire Marshal,
Chief of Police or both and maintain them in good condition. Failure
to replace or repair damaged, faded, rusted or obsolete signs or faded
pavement markings within 30 days after written notice served by the
Fire Marshal or Chief of Police shall constitute a violation under
this chapter.
B.
Heating systems and chimneys, flues, and gas vents.
(1)
Solid-fuel appliances.
(a)
Definition. A "solid-fuel appliance" is any appliance intended
for burning wood, pellets, corn, and coal, such as, but not limited
to, freestanding fireplaces, airtight stoves, fireplace inserts, etc.,
except a standard masonry fireplace installed as a part of the original
construction of a building.
(b)
Permits required.
[1]
A fire prevention permit is required prior to the installation
of a solid-fuel appliance.
[2]
Application for permit to the Fire Marshal shall include location
of installation, type of installation and manufacturer, if available.
A permit shall be issued after approval of the application and the
fees are paid.
(c)
Inspection and approval is required for any installation of
a solid-fuel appliance.
C.
Fire-protection equipment and water supply.
(1)
Fire Department connections for standpipe and sprinkler systems are
to be maintained accessible at all times. No large shrubbery, fences
or barriers of any type shall be placed within 10 feet of connections.
This shall also apply to snow removal or plowing.
(2)
The Fire Marshal shall approve hydrant locations, site of hydrants
and water mains in new subdivisions, apartment projects, commercial
and industrial areas and where new schools and churches are being
constructed. Such approvals shall be in line with the following procedures:
(a)
The Village Building Inspector or other appropriate officer
shall furnish the Fire Marshal with maps or plans showing street and
water main locations, together with other site information.
(b)
The Fire Marshal will be allowed five days for the review of
plans, location of hydrants and water mains. The Fire Marshal's
recommendations shall be plainly shown on the plans and signed by
the Fire Marshal. Two complete copies of the plans shall be returned
to the Fire Marshal upon final approval.
(3)
Fire hydrants.
(a)
Hydrants shall not exceed a maximum of 500 feet apart on each
street in residential districts and shall be located at intersections,
whenever possible.
(b)
Hydrants shall not exceed a maximum of 300 feet apart in commercial
and industrial areas and shall be located so that all buildings can
be reached by comparatively short hose lays from more than one hydrant.
(c)
Hydrants must be installed and flow tested before above-the-ground
construction is commenced. The flow test shall comply with the specifications
of the Insurance Services Office of New York to produce an A rating.
(d)
Temporary exceptions may be made during construction by the
Fire Marshal.
(e)
No person shall place any object, including bushes, trees, flowers,
posts, fences, etc., within 15 feet of any hydrant, except in emergency
conditions with the approval of the Fire Marshal.
(f)
All publicly owned fire hydrants shall be painted yellow. In
addition, the two-and-one-half-inch caps shall be painted red for
flows of less than 500 gpm. Water flows shall be determined in a manner
approved by the Fire Marshal.
(g)
All privately owned fire hydrants and water mains shall be installed,
tested, and maintained in accordance with the current editions of
NFPA 24 and NFPA 25. Hydrants shall be painted red. In addition, whenever
a private hydrant or water main shall be out of service for repairs
in excess of 24 hours, the Fire Marshal shall be notified. In the
case of a hydrant being out of service, the hydrant shall be bagged
or otherwise identified as being out of service.
(4)
Sprinkler, standpipe, and other fire-protection systems.
(a)
FIRE-PROTECTION SYSTEMS
Definition. As used in this subsection, the following terms
shall have the meanings indicated:
Includes a range of products such as wet and dry sprinkler
and standpipe systems, manual and automatic chemical and foam fire-suppression
systems, smoke/heat detectors, fire alarms, and their associated components.
These help to detect sources of fire, warn the occupants of a building
and attempt to extinguish the fire.
(b)
The Fire Marshal shall be notified before any tests, repairs,
alterations or additions are made to any fire-protection system that
will reduce or impair the operation of the system while said work
or testing is being done.
(c)
A copy of the testing report shall be kept on the premises so
that the same is available for examination.
(5)
Fire-protection systems shall be approved by the Fire Marshal prior
to installation.
D.
Storage and handling of motor vehicle fuel.
(1)
Portable containers for motor vehicle fuel shall be clearly marked
with the name of the product contained. This marking shall have been
applied to such container by the manufacturer of the same.
(2)
Underground storage tanks containing gasoline, oil or other liquid
that generates a flammable vapor at normal temperature and having
a maximum individual capacity of up to 10,000 gallons may be installed.
The maximum aggregate capacity at any site shall not exceed 24,000
gallons' total capacity. The maximum aggregate capacity may be
increased upon written application to the Webster Village Board with
the use of double-wall tanks and electronic monitoring devices and
other provisions approved by the Fire Marshal.
(3)
The Fire Marshal or the Fire Marshal's designated representative
is further authorized to order the owner or occupants of premises
having flammable liquid storage tanks located thereon to have such
tanks tested by methods prescribed by the Fire Marshal to determine
if such tanks are leaking, if the Fire Marshal has reasonable belief
that such tanks may contain a leak.
(4)
Aboveground storage tanks of flammable liquids shall be prohibited.
(5)
Underground storage tanks containing Class I liquids shall be prohibited
in residential districts.
(6)
Installation or alteration permit. No installation, alteration or
replacement of underground or aboveground tanks, pumps, piping and
other equipment relating to the storage of flammable liquids shall
be commenced without first obtaining a permit therefor from the Fire
Marshal.
(7)
Noncompliance with the requirements of this chapter shall be sufficient
cause for the suspension or revocation by the Fire Marshal of any
permit issued hereunder in this chapter.
(8)
Leaking tanks, pumps or piping shall be repaired or replaced immediately,
and it shall be within the discretion of the Fire Marshal as to whether
the station or facility must cease any and/or all operations while
repairs or replacements are being made.
(9)
There is to be no more than one gasoline tank truck delivering flammable
liquids on the premises of a gasoline service facility at any one
time. Before making any deliveries to underground tanks, the driver
or other authorized person shall set the brakes of the truck and shall
turn off the engine of the vehicle. Ever-Tite or OPW fill couplings
or equivalent must be used when unloading flammable liquids from a
tank truck to a storage tank. The driver shall remain at the point
of delivery to prevent spillage and overflow. In case of spillage
or overflow, the appropriate fire department and the Fire Marshal
shall be notified immediately.
(10)
In the event of accidental spillage or leakage of a flammable
liquid in quantities of five United States gallons or greater, whether
or not it may enter sewers, the appropriate fire department and the
Fire Marshal shall be notified immediately.
(11)
A minimum of five fifty-pound bags of Stay Dry absorbent or
equivalent must be kept on the premises at all times for flammable
liquid spills and should be used for this purpose whenever possible,
instead of flushing with water.
(12)
All tanks containing flammable liquids must be tested weekly
for water infiltration, and records kept on the premises showing the
date, hour and results of such tests. When any test shows water present
in the flammable liquid, the Fire Marshal shall be immediately notified.
Such water may not be removed until after notification of the Fire
Marshal.
E.
Dispensing of motor vehicle fuel.
(1)
Dispensing devices for Class I or Class II flammable liquids shall
be of the type approved by the Fire Marshal.
(2)
Dispensing of Class I or Class II flammable liquids by persons other than the service attendant or supervisor shall be prohibited, except as set forth in Subsection E(3) below.
(3)
Self-service stations.
(a)
"Self-service stations" shall mean that portion of property
where flammable and combustible liquids used as motor fuels are stored
and subsequently dispensed from fixed approved dispensing equipment
into the fuel tanks of motor vehicles by persons other than the service
station attendant and can include facilities available for the sale
of other retail products.
(b)
Approved dispensing devices, such as but not limited to coin-operated,
card-operated and remote-controlled types, are permitted at self-service
stations.
(c)
Emergency controls specified in the provisions of the New York
State Uniform Fire Prevention and Building Code shall be installed
at a location acceptable to the Fire Marshal, but controls shall not
be more than 100 feet from the dispensers.
(d)
All pump islands shall be protected against physical damage
by the installation of pipe or post bumpers (eight inches minimum
diameter) in locations approved by the Fire Marshal.
(e)
Gasoline self-service stations shall provide automatic fire-extinguishing
systems installed in conformity with nationally recognized good practices
and approved by the Fire Marshal. Where a station has one self-service
island with dispensing units within 30 feet of a full-service island,
both shall have an automatic five-extinguishing system installed and
approved by the Fire Marshal.
F.
Tents and air-supported structures.
(1)
Smoking shall be prohibited and adequate signs posted.
(2)
Fire watchers shall be employed for crowds of over 50 persons to enforce Subsection F(1) above and to maintain clear exit aisles.
(3)
Safety provisions shall be provided for as requested by the Fire
Marshal.
(4)
Tents shall comply with the requirements of the Uniform Code.
G.
Hazardous chemicals.
(1)
The transportation of hazardous chemicals and other dangerous articles
by motor vehicles shall comply with Department of Transportation regulations.
(2)
Shipments whose origin and destination are outside the Village of
Webster are confined to the use of state highways.
(3)
Shipments of an intratown nature (either originating in or destined
to a Webster location) shall follow a route to be designated by the
Fire Marshal.
H.
I.
Manufacture, sale, and discharge of fireworks.
(1)
The manufacture or storage of fireworks is prohibited within the
Village of Webster.
(2)
It shall be unlawful to explode any fireworks within the Village
of Webster without a permit.
(3)
The Fire Marshal may grant a permit for supervised public display
of fireworks by municipalities, fair associations, amusement parks
or other organizations or groups of individuals, provided that:
J.
Street numbering of buildings.
(1)
All occupancies within the Village of Webster shall be provided with
street numbers to assist emergency personnel in locating the same.
This shall apply but not be limited to all residential, commercial,
industrial, and private structures. Said numbers shall be assigned
by the Village Board or its designee.
(2)
Numbers shall be four inches in height with a minimum stroke width
of 0.5 inch, Arabic style (lettering shall not be accepted) and shall
be mounted in a secure fashion to the structure's front wall
or to a porch or other fixed appurtenance in front of the structure
in the vicinity of the main entryway or main path of travel leading
to the main entrance from a public street or otherwise separately
mounted in an approved manner upon the face of a wall or upon a post
in the front yard of the premises.
(3)
All street numbers shall be mounted at a height between four feet
and 10 feet above the adjacent grade, street or exterior porch landing
directly beneath, but never higher than 15 feet above the adjoining
grade. They shall be legible as to contrasting background, arrangement,
spacing, size and uniformity of the whole so that the numbers may
be read with ease during daylight hours by persons possessing at least
20/40 vision as they view the numbers from the center line of the
facing street and at an elevation of five feet above the finished
surface thereof. Trees, shrubs, or other obstructions shall not block
said street numbers.
(4)
All existing structures shall comply with the requirements of this
subsection.
K.
Key boxes.
(1)
When access to or within a structure or an area is unduly difficult
because of secured openings or where immediate access is necessary
for lifesaving or firefighting purposes, the Fire Marshal is authorized
to require a locking key box to be installed in an accessible location.
The key box shall be a type approved by the Fire Marshal and shall
contain keys to gain necessary access as required by the Fire Marshal
and local Fire Department.
(2)
Where electric or manually operated gates are used to limit and control
entry into a property or area, a key switch or padlock shall be used.
The key switch or padlock shall be of a type approved by the Fire
Marshal.
L.
Open burning.
(1)
All campfires, outdoor fireplaces, fires used solely for recreational
purposes and approved agricultural burning shall be in accordance
with the provisions of the Monroe County Sanitary Code, Article V,
Open Burning Control. In addition, the Fire Marshal and/or the Building
Inspector may prohibit any and/or all open fires where atmospheric
conditions or local circumstances make such fires a hazard and/or
nuisance.
(2)
All other forms of outdoor burning shall be prohibited unless approved
by the Fire Marshal.
M.
Residential sprinklers, one- and two-family dwellings.
(1)
Where one- and two-family dwellings are located on properties that
are served by a municipal water supply, such dwellings shall be located
within 500 feet of a fire hydrant. Said distance shall be measured
along the route normally driven by motor vehicles.
(2)
Where said dwellings are located in excess of 500 feet from a hydrant,
an approved residential sprinkler system shall be installed in accordance
with the current edition of the referenced standard NFPA 13D, Installation
of Sprinkler Systems in One- and Two-Family Dwellings and Manufactured
Homes.
(3)
In lieu of the approved requirements, alternative methods (such as
stored water sprinkler systems, dry hydrant installations, etc.) may
be submitted to the Fire Marshal and/or Building Inspector for approval.
