[HISTORY: Adopted by the Town Board of the
Town of Pleasant Valley 2-13-2002 by L.L. No. 1-2002;[1] amended in its entirety 4-9-2008 by L.L. No. 4-2008. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 39.
[1]
Editor's Note: This local law also superseded
former Ch. 48, Fire Prevention, adopted 10-10-1990 by L.L. No. 5-1990,
as amended.
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.
Operating permits required.
(1)
Operating permits shall be required for conducting
the activities or using the categories of buildings listed below:
(a)
Manufacturing, storing or handling hazardous materials
in quantities exceeding those listed in Table 2703.1.1(1), 2703.1.1(2),
2703.1.1(3) or 2703.1.1(4) in the publication entitled "Fire Code
of New York State" and incorporated by reference in 19 NYCRR 1225.1;
(b)
Hazardous processes and activities, including but
not limited to commercial and industrial operations which produce
combustible dust as a byproduct, fruit and crop ripening, and waste
handling;
(c)
Use of pyrotechnic devices in assembly occupancies;
(d)
Buildings containing one or more areas of public assembly
with an occupant load of 100 persons or more; and
(e)
Buildings whose use or occupancy classification may
pose a substantial potential hazard to public safety, as determined
by resolution adopted by the Town Board.
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. The Fire Inspector shall
review applications and recommend the issuance or denial of operating
permits by the Code Enforcement Officer.
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.
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 his or her discretion, issue a single operating permit to apply to all such activities.
E.
Duration of operating permits. Operating permits shall
be issued for such period of time, not to exceed one year in the case
of any operating permit issued for an area of public assembly and
not to exceed three years in any other case, as shall be determined
by the Code Enforcement Officer to be consistent with local conditions.
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 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.
A.
Inspections required. Firesafety 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)
Firesafety and property maintenance inspections of
buildings or structures which contain an area of public assembly shall
be performed at least once every 12 months.
(2)
Firesafety and property maintenance inspections of
buildings or structures being occupied as dormitories shall be performed
at least once every 12 months.
B.
Inspections permitted. In addition to the inspections required by Subsection A of this section, a firesafety 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 designated by the Code Enforcement Officer at any time upon: the request of the owner of the property to be inspected or an authorized agent of such owner; 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 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.
C.
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
under Executive Law § 156-e and Education Law § 807-b.
Notwithstanding any other provision of this section to the contrary:
(1)
The Code Enforcement Officer shall not perform firesafety
and property maintenance inspections of a building or structure which
contains an area of public assembly if OFPC performs firesafety and
property maintenance inspections of such building or structure at
least once every 12 months;
(2)
The Code Enforcement Officer shall not perform firesafety
and property maintenance inspections of a building or structure occupied
as a dormitory if OFPC performs firesafety and property maintenance
inspections of such building or structure at least once every 12 months;
(3)
The Code Enforcement Officer shall not perform firesafety and property maintenance inspections of a multiple dwelling not included in Subsection A(1) or (2) of this section if OFPC performs firesafety and property maintenance inspections of such multiple dwelling at intervals not exceeding the interval specified in Subsection A(3) of this section; and
(4)
The Code Enforcement Officer shall not perform firesafety and property maintenance inspections of a nonresidential building, structure, use or occupancy not included in Subsection A(1) or (2) of this section if OFPC performs firesafety and property maintenance inspections of such nonresidential building, structure, use or occupancy at intervals not exceeding the interval specified in Subsection A(3) of this section.
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.
A.
A person owning, operating, occupying or maintaining
property or premises shall comply with all applicable provisions of
the State Code, this chapter and all orders, notices, rules, regulations
or determinations issued in connection therewith.
B.
Whenever the Fire Inspector finds that there has been
a violation of the Uniform Code or Energy Code, with respect to this
chapter or any rule or regulation adopted pursuant to this chapter,
a violation order shall be issued to the owner and/or occupant of
the premises.
C.
Violation orders shall be in writing, shall identify
the property or premises and shall specify the violation and remedial
action to be taken.
D.
Violation orders may be served by personal service,
by mailing by 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 or occupant or the agent
of any of them shall fail, neglect or refuse to remove, eliminate
or abate the violation, a request to take appropriate legal action
shall be made to the Town Board. Where, in the opinion of the inspecting
authority, such violation is deemed to be a clear and present danger
to life, and such danger is confirmed by the Town Building Inspector
and Town Fire Inspector, any appropriate and necessary action may
be taken forthwith to restrain, correct or abate the violation, and
such remedy shall be in addition to penalties otherwise prescribed
by law.
The Fire Inspector shall keep official records
of all permits, inspection reports, recommendations, complaints and
violation orders.
A.
A Fire Prevention Advisory Board of the Town is hereby
established.
B.
Said Board shall meet on a monthly basis or as needed
as determined by the Chairman of the Fire Prevention Advisory Board.
C.
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. The Town Board shall appoint the Chairman. All
appointments, except the standing members, shall be at the pleasure
of the Town Board. The Town Board shall appoint a Recording Secretary.
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.
A.
All applications subject to review by the Planning
Board and Zoning Board of Appeals shall be reviewed by the Fire Prevention
Advisory Board for compliance with the State Code. This review will
address all concerns of the emergency agencies. The Fire Prevention
Advisory Board shall submit their recommendations and requirements
so such Boards. The final decision to accept or decline the recommendations
will remain with such Boards.
B.
It shall be the duty of said Board to recommend to
the Town Board such additional ordinances as it deems necessary for
safeguarding life and property against fire.
A.
Compliance orders. The Code Enforcement Officer is
authorized to order, in writing, the remedying of any condition or
activity found to exist in, on or about any building, structure, or
premises in violation of the Uniform Code, the Energy Code, or this
chapter. Upon finding that any such condition or activity exists,
the Code Enforcement Officer shall issue a compliance order. The compliance
order shall be in writing; be dated and signed by the Code Enforcement
Officer; specify the condition or activity that violates the Uniform
Code, the Energy Code, or this chapter; specify the provision or provisions
of the Uniform Code, the Energy Code, or this chapter which is/are
violated by the specified condition or activity; specify the period
of time which the Code Enforcement Officer deems to be reasonably
necessary for achieving compliance; direct that compliance be achieved
within the specified period of time; and state that an action or proceeding
to compel compliance may be instituted if compliance is not achieved
within the specified period of time. The Code Enforcement Officer
shall cause the compliance order, or a copy thereof, to be served
on the owner of the affected property personally or by certified mail.
The Code Enforcement Officer shall be permitted, but not required,
to cause the compliance order, or a copy thereof, to be served on
any builder, architect, tenant, contractor, subcontractor, construction
superintendent, or their agents, or any other person taking part or
assisting in work being performed at the affected property personally
or by certified mail; provided, however, that failure to serve any
person mentioned in this sentence shall not affect the efficacy of
the compliance order.
B.
Appearance tickets. The Code Enforcement Officer and
each inspector are authorized to issue appearance tickets for any
violation of the Uniform Code, the Energy Code and this chapter.
C.
Civil penalties. In addition to those penalties prescribed
by state law, any person who violates any provision of the Uniform
Code, the Energy Code or this chapter, or any term or condition of
any building permit, certificate of occupancy, temporary certificate,
stop-work order, operating permit or other notice or order issued
by the Code Enforcement Officer pursuant to any provision of this
chapter, shall be liable to a civil penalty of not more than $200
for each day or part thereof during which such violation continues.
The civil penalties provided by this subsection shall be recoverable
in an action instituted in the name of this Town.
D.
Injunctive relief. An action or proceeding may be
instituted in the name of this Town, in a court of competent jurisdiction,
to prevent, restrain, enjoin, correct, or abate any violation of,
or to enforce, any provision of the Uniform Code, the Energy Code,
this chapter, or any term or condition of any building permit, certificate
of occupancy, temporary certificate, stop-work order, operating permit,
compliance order, or other notice or order issued by the Code Enforcement
Officer pursuant to any provision of this chapter. In particular,
but not by way of limitation, where the construction or use of a building
or structure is in violation of any provision of the Uniform Code,
the Energy Code, this chapter, or any stop-work order, compliance
order or other order obtained under the Uniform Code, the Energy Code
or this chapter, an action or proceeding may be commenced in the name
of this Town, in the Supreme Court or in any other court having the
requisite jurisdiction, to obtain an order directing the removal of
the building or structure or an abatement of the condition in violation
of such provisions. No action or proceeding described in this subsection
shall be commenced without the appropriate authorization from the
Town Board.
E.
Remedies not exclusive. No remedy or penalty specified in this section shall be the exclusive remedy or penalty available to address any violation described in this section, and each remedy or penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the other remedies or penalties specified in this section, in § 39-14, Stop-work orders, in any other section of this chapter, or in any other applicable law. Any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any other remedy or penalty specified in this section, in § 39-14, Stop-work orders, in any other section of this chapter, or in any other applicable law. In particular, but not by way of limitation, each remedy and penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the penalties specified in Subdivision (2) of § 382 of the Executive Law, and any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any penalty specified in Subdivision (2) of § 382 of the Executive Law.
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.
