This chapter and Chapter
39, Building Construction, provide for the administration and enforcement of 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 and replacements thereof in the Town and shall establish powers, duties and responsibilities in connection therewith with respect to the fire prevention portions thereof. Except as otherwise provided in the Uniform Code, other state law, or other section of this chapter, all buildings, structures, and premises, regardless of use or occupancy, are subject to the provisions of this chapter.
There is designated in the Town a public official to be known as the "Fire Inspector" who shall be appointed by the Town Board. The Town Board may also appoint a Deputy Fire Inspector. Such appointments shall be made in accordance with the provisions of Chapter
39, Building Construction.
This chapter shall be enforced by the Code Enforcement Officer, Building Inspector and Fire Inspector appointed pursuant to Chapter
39, Building Construction.
A fee schedule shall be established by resolution of the Town Board. Such fee schedule may thereafter be amended from time to time by like resolution. The fees set forth in, or determined in accordance with, such fee schedule or amended fee schedule shall be charged and collected for the submission of applications, operating permits, firesafety and property maintenance inspections, and other actions of the Code Enforcement Officer described in or contemplated by this chapter and Chapter
39, Building Construction.
Dangerous buildings and structures shall be removed in accordance with §
39-19 of Chapter
39, Building Construction.
The chief of any fire department providing fire-fighting
services for a property within this Town shall promptly notify the
Code Enforcement Officer of any fire or explosion involving any structural
damage, fuel-burning appliance, chimney or gas vent.
The Fire Inspector shall keep official records
of all permits, inspection reports, recommendations, complaints and
violation orders.
[Amended 6-17-2024 by L.L. No. 1-2024]
A. The Town shall have a Fire and Life Safety Review Board, previously
established as the Fire Prevention Advisory Board.
B. Said Board shall meet on a monthly basis or as needed as determined
by the Chairman of the Fire and Life Safety Review Board.
C. Membership.
(1) Said Board shall consist of seven members. There shall be two standing
members, the Fire Inspector and the District Fire Chief. There shall
also be three appointments by the Town Board. The final two members
shall be recommended by the Board of Fire Commissioners, one member
of each of the two fire companies in the Town, and approved by the
Town Board.
(2) The Town Board shall appoint the Chairperson.
(3) All appointments, except the standing members, shall be at the pleasure
of the Town Board. The three members selected by the Town Board shall
be appointed for three-year terms with one term ending each year.
The Town Board may remove members with or without cause at any time.
(4) The Town Board shall appoint a Recording Secretary.
(5) The Board shall adopt rules and procedures for its meetings. It shall
keep accurate records of its meetings and activities and shall file
an annual report with the Town Board.
(6) No member of the Fire and Life Safety Review Board may miss three
regularly scheduled meetings of the Board during a calendar year,
other than for a medical or other emergency or for any other just
cause approved, in advance, by the Chair. It is expected that Board
members be on time and call the Chair or Secretary if they cannot
attend a meeting.
(7) Alternate members.
(a)
Definitions. As used in this section, the following terms shall
have the meanings indicated:
ALTERNATE MEMBER
An individual appointed by the Town Board available for service
when a regular member of the Fire and Life Safety Review Board must
be absent or is unable to participate on an application or matter
before the Board due to a conflict of interest or otherwise, as provided
herein.
(b)
Number and term of alternate members. The Town Board shall appoint,
by resolution, two alternate members to the Fire and Life Safety Review
Board for terms of up to two years.
(c)
Designation of an alternate member.
[1]
The Chairperson of the Fire and Life Safety Review Board shall
designate an alternate member to substitute for a member when such
member is absent or is unable to participate on an application or
matter before the Board. If there are two alternate members, they
shall be designated for service on a rotating basis. When so designated,
the alternate member shall possess all of the powers and responsibilities
of such member of the Board. Such designation shall be entered into
the minutes of the first meeting of the Fire and Life Safety Review
Board at which the substitution is made.
[2]
Provided that all other requirements of this section are satisfied,
the designation of an alternate member to serve as a member may be
made for a particular meeting or meetings, or for a specified period
of time, but in no event beyond the duration of the alternate member's
appointment as an alternate member. The designation to substitute
shall take place only when a regular Board member in whose place the
alternate member shall act is absent or otherwise unable to serve
as specified herein.
[3]
Upon the return of an absent regular member or the resumption
of the regular member's ability to serve, the alternate member
shall automatically resume his/her status as an alternate member and
shall no longer be allowed to vote on Board affairs. The alternate
member shall remain eligible to substitute in the future for the same
or other regular members, subject to the same requirements of eligibility
set forth herein, including redesignation as an acting member of the
Board.
[4]
When an alternate member is not designated to serve as a member
at a particular meeting, the alternate member may sit with the Board
and may take part in discussion so that the alternate will be prepared
if called upon to vote on an application at a future meeting.
(d)
Duties and responsibilities of alternate members. All provisions
of law relating to the Fire and Life Safety Review Board member eligibility,
vacancy in office, removal, compatibility of office and service on
other boards, as well as any provisions of a local law/local ordinance
relating to training, continuing education and attendance, shall also
apply to alternate members.
The Town Board may, by resolution, authorize
the Supervisor to enter into an agreement, in the name of the Town
of Pleasant Valley, with other governments to carry out the terms
of this chapter, provided that such agreement does not violate any
provision of the Uniform Code, the Energy Code, Part 1203 of Title
19 of the NYCRR, or any other applicable law.