[HISTORY: Adopted by the Town Board of the Town of Esopus 6-12-1980 by L.L. No. 7-1980. Amendments noted where applicable.]
[Added 9-12-1990 by L.L No. 12-1990]
There is hereby designated the Building Inspector and his deputies, or the person designated as Fire Inspector by the Town Board, to administer and enforce the New York State Uniform Fire Prevention and Building Code within the Town of Esopus.
Editor's Note: Former § 77-1, Administration and enforcement, was repealed 9-12-1990 by L.L. No. 11-1990.
The Town Board, on consultation with the Fire Inspector, 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 chapter or any other provision of law.
There shall be no fee for permits. Permits shall be issued by and bear the name and signature of the Building Inspector and shall specify:
Permits shall not be transferable, and any change in activity, operation, location, ownership or use shall require a new permit.
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.
Permits shall be obtained for the following:
Automobile wrecking yards: to operate an automobile wrecking yard.
Boatyards and marinas.
Bowling establishments: for bowling pin refinishing and bowling lane resurfacing operations involving the use and application of flammable or combustible liquids or materials.
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).
Combustible fibers: to store, handle or use combustible fibers in quantities in excess of 100 cubic feet, except agricultural products on a farm.
Combustible materials: to store, handle or use 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.
Cryogenics: to store, handle or use cryogenic fluids, except cryogenics used as a motor fuel and stored in motor vehicle tanks, as follows:
Dry-cleaning plants: to use in excess of four gallons of solvents or cleaning agents classified as flammable or combustible.
Flammable and combustible liquids.
To store, handle or use flammable liquids in excess of 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:
To store, handle or use combustible liquids in excess of 25 gallons inside a building or in excess of 60 gallons outside of a building. This provision shall not apply to fuel oil used in connection with oil-burning equipment.
For processing, blending or refining of flammable or combustible liquids.
Flammable finishing: for spraying, coating or dipping operations utilizing flammable or combustible liquids.
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.
To store, handle or use any quantity of air-reactive, water-reactive or unstable materials.
Junkyards: to operate a junkyard.
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 in 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.
Lumberyards: to operate a lumberyard.
Matches: to store matches in excess of 25 cases.
Places of assembly: to maintain, operate or use a place of assembly.
Service stations and repair garages: to operate a service station or repair garage.
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.
Fire permit to burn leaves, brush, grass, branches and other natural matter upon rules and regulations determined by the Building Inspector or his designee. The Building Inspector shall have the power to designate the Fire Inspector or Fire Chief to issue said fire permits. This permit is in addition to any permit required by the New York State Department of Environmental Conservation or any other New York State agency.
[Added 8-9-1989 by L.L. No. 6-1989]
Hazardous materials: Any element or compound or combination thereof which is flammable, corrosive, detonable, toxic, radioactive, an oxidizer, an etiologic agent or highly reactive and which, because of handling, storage, processing or packaging, may have detrimental effects upon operating and emergency personnel, the public, equipment and/or the environment. Once the Building Inspector has issued a permit for any of the above, the Town Board shall notify the Fire Department in the district where the hazardous materials are located of the nature of the hazardous materials for which a permit has been issued.
[Added 9-12-1990 by L.L. No. 13-1990]
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.
Location of permits. Permits shall be kept on property or premises covered by the permit or carried by the permit holder.
Revocation of permits. Permits may be suspended or revoked when it is determined 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.
Every person, firm or corporation storing or having on hand hazardous materials or chemicals must file with the Town Board a complete list of the hazardous materials or chemicals on the premises as of January 1 of each and every year such hazardous materials and chemicals are stored anyplace in the Town of Esopus. These reports shall be known as "Material Safety Data Sheets (MSDS)."
[Added 9-12-1990 by L.L. No. 14-1990]
If entrance to make an inspection is refused or cannot be obtained, the Building Inspector may apply for a warrant to make an inspection to any court of competent jurisdiction.
The Building Inspector shall have the authority to investigate the cause, origin and circumstances of any fire or explosion involving a loss of life, injuries to persons or destruction or damage to property.
A person owning, operating, occupying or maintaining property or premises within the scope of the State Fire Prevention Code or this chapter shall comply with all the provisions of the State Fire Prevention Code, this chapter and all orders, notices, rules, regulations or determinations issued in connection therewith.
Whenever the Building Inspector finds that there has been a violation of the State Fire Prevention 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.
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.
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.
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 information shall be filed by the Building Inspector in the Town Justice Court of the Town of Esopus.
Failure to comply with any provision of the State Fire Prevention Code, this chapter, rules or regulations adopted pursuant to 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.
An action or proceeding in the name of the Town of Esopus 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 chapter, a 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.
The Building Inspector shall keep official records of all permits, inspection reports, recommendations, complaints and violation orders.
Where practical difficulties or unnecessary hardships may result from enforcement of the strict letter of any provision of the State Fire Prevention Code, applications for variances consistent with the spirit of the Code and not inconsistent with the requirements of Subdivision 2 of § 391 of Article 18-A of the Executive Law may be made to and acted upon by a Board of Review established in accordance with the provisions of § 395 of the Executive Law.
Editor's Note: Former Article 18-A of the Executive Law, comprised of §§ 390 through 399, which constituted the State Building Conservation and Fire Prevention Code, was repealed by L. 1981, c. 707, § 12. For current provisions, see Article 18 of the Executive Law.
The Building Inspector and Fire Inspector shall obtain a copy of the Review Board's decision for its record.