[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.
[1]
Editor's Note: Former § 77-1, Administration and enforcement,
was repealed 9-12-1990 by L.L. No. 11-1990.
A.
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:
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)
Automobile wrecking yards: to operate an automobile wrecking
yard.
(2)
Boatyards and marinas.
(3)
Bowling establishments: for bowling pin refinishing and
bowling lane resurfacing operations involving the use and application of flammable
or combustible liquids or materials.
(4)
Cellulose nitrate motion-picture film: to store, keep
or have on hand more than 25 pounds of cellulose nitrate motion-picture film.
(5)
Cellulose nitrate plastics (pyroxylin).
(6)
Combustible fibers: to store, handle or use combustible
fibers in quantities in excess of 100 cubic feet, except agricultural products
on a farm.
(7)
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.
(9)
Cryogenics: to store, handle or use cryogenic fluids,
except cryogenics used as a motor fuel and stored in motor vehicle tanks,
as follows:
(10)
Dry-cleaning plants: to use in excess of four gallons
of solvents or cleaning agents classified as flammable or combustible.
(12)
Flammable and combustible liquids.
(a)
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:
(b)
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.
(c)
For processing, blending or refining of flammable or
combustible liquids.
(13)
Flammable finishing: for spraying, coating or dipping
operations utilizing flammable or combustible liquids.
(14)
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.
(15)
Junkyards: to operate a junkyard.
(16)
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.
(17)
Lumberyards: to operate a lumberyard.
(18)
Matches: to store matches in excess of 25 cases.
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[NOTE: One case equals one matchman's gross of 14,400 matches.)
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(19)
Places of assembly: to maintain, operate or use a place
of assembly.
(20)
Service stations and repair garages: to operate a service
station or repair garage.
(21)
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.
(22)
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]
(23)
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]
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 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.
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]
B.
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.
C.
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.
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.
B.
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.
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, an information shall be
filed by the Building Inspector in the Town Justice Court of the Town of Esopus.
A.
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.
B.
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.
A.
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.[1]
[1]
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.
B.
The Building Inspector and Fire Inspector shall obtain
a copy of the Review Board's decision for its record.
