A. 
Pursuant to the authority conferred by Article 9 of the Town Law of the State of New York, the Town Board of the Town of Hamburg, County of Erie and State of New York, has ordained and does hereby enact the following local law for the safeguarding of life and property from the hazards of fire and explosion resulting from the storage, handling and use of hazardous substances, materials and devices and from conditions hazardous to life or property in the use or occupancy of buildings or premises. Compliance with standards of the American Insurance Association shall be deemed to be prima facie evidence of compliance with this intent. Such regulations shall apply to and affect only such part of the Town of Hamburg as is outside the limits of any incorporated village.
B. 
This chapter shall be known as the "Fire Prevention Code of the Town of Hamburg, County of Erie and State of New York."
A. 
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.
B. 
Nothing contained in this code shall be construed as applying to the transportation of any article or thing shipped under the jurisdiction of and in compliance with the regulations prescribed by the Interstate Commerce Commission, nor as applying to the military forces of the United States.
[Amended 4-9-1984 by L.L. No. 4-1984]
All matters within the intent of this code not covered in detail by this code shall comply with the provisions of the New York State Uniform Fire Prevention and Building Code, Edition recommended by the American Insurance Association or as amended, and shall apply with the same force and effect as if set forth in full herein.
The Chiefs of the respective Fire Departments or any inspector thereof may, at all reasonable hours, enter any building or premises within their respective districts or areas afforded fire protection by them for the purpose of making any inspection or investigation which, under the provisions of this code, he or they may deem necessary to be made.
[Amended 4-9-1984 by L.L. No. 4-1984]
It shall be the duty of the Code Enforcement Officer, Chief of the Fire Department, Fire Marshal or Fire Inspector thereof to inspect all buildings and premises, except the interiors of dwellings, as often as may be necessary for the purpose of ascertaining and causing to be corrected any conditions liable to cause fire or endanger life from fire or any violations of the provisions or intent of this code and of any other law or ordinance affecting the fire hazard.
[Amended 4-9-1984 by L.L. No. 4-1984]
Whenever any of the officers, members or inspectors of the Fire Department as mentioned in § 113-5 shall find in any building or upon any premises dangerous or hazardous conditions or materials as follows, he or they shall recommend that the Code Enforcement Officer order such dangerous conditions or materials be removed or remedied in such manner as may be prescribed by existing Town of Hamburg codes.
A. 
Dangerous or unlawful amounts of combustible or explosive or otherwise hazardous materials.
B. 
Hazardous conditions arising from defective or improperly installed equipment for handling or using combustible or explosive or otherwise hazardous materials.
C. 
Dangerous accumulations of rubbish, wastepaper, boxes, shavings or other highly flammable materials.
D. 
Accumulations of dust or waste material in air-conditioning or ventilating systems or of grease in kitchen or other exhaust ducts.
E. 
Obstructions to or on fire escapes, passageways, doors or windows liable to interfere with the operations of the Fire Department or egress of occupants in case of fire.
F. 
Any building or other structure which, for want of repairs, lack of sufficient fire escapes or other exit facilities, automatic or other fire alarm apparatus or fire extinguishing equipment, or by reason of age or dilapidated condition, or from any other cause creates a hazardous condition.
The service of orders for the correction of violations of this code shall be made upon the owner and occupant or other person responsible for the conditions, either by delivering a copy of the same to each person or by delivering the same to and leaving it with any person in charge of the premises, or in case no such person is found upon the premises, by affixing a copy thereof in a conspicuous place on the door to the entrance of the said premises. Whenever it may be necessary to serve such an order upon the owner of the premises, such order may be served either by delivering to and leaving with the said person a copy of the said order, or, if such owner is absent from the jurisdiction of the officer making the order, by sending such copy by registered mail to the owner's last known post office address.
A. 
A permit shall constitute permission to maintain, store or handle materials, or to conduct processes which produce conditions hazardous to life or property, or to install equipment used in connection with such activities. Such permit does not take the place of any license required by law. It shall not be transferable and any change in use or occupancy of a premises shall require a new permit. All permits shall be issued by the Town Clerk of the Town of Hamburg with the approval of the Code Enforcement Officer. The fee for each such permit shall be $5 and the permit shall be valid for as long as the applicant continues the use for which the permit is granted at the same location, except that permits for bowling establishments, explosives, ammunition and blasting agents shall expire one year from the date of issuance.
[Amended 4-9-1984 by L.L. No. 4-1984; 3-11-1985 by L.L. No. 2-1985]
B. 
Before a permit may be issued, the Code Enforcement Officer, Chief of the Fire Department, or his assistants, shall make or cause to be made such inspections or tests as are necessary to assure that the provisions of this code are complied with. Reports of inspections or tests made by the Chief of the Fire Department or his assistants shall be filed with the Code Enforcement Officer of the Town of Hamburg.
[Amended 4-9-1984 by L.L. No. 4-1984]
C. 
Applications for permits are to be made out in quadruplicate. After payment of the fee, one copy goes to the Town Clerk, one copy to the Chief of the Fire Department in whose area the application for the permit is issued, one copy to the Code Enforcement Officer and one copy to the person applying for the permit.
[Amended 4-9-1984 by L.L. No. 4-1984]
D. 
The Town Board may revoke a permit or approval issued if any violation of this code is found upon inspection or in case there has been any false statement or misrepresentation as to a material fact in the application or plans on which the permit or approval was based.
Unless otherwise expressly stated, the following terms shall, for the purpose of this code, have the meanings indicated in this section.
APPROVED
Accepted by the Chief of the Fire Department and those listed in § 113-5, as a result of their investigation and experience or by reason of test, listing or approval by Underwriters' Laboratories, Inc., the National Bureau of Standards, the American Gas Association Laboratories, American Insurance Association or other nationally recognized testing agencies listed under § 1250.2, State Uniform Fire Prevention and Building Code, Generally Accepted Standards, Issuing Organizations.
[Amended 4-9-1984 by L.L. No. 4-1984]
AUTOMATIC FIRE ALARM SYSTEM
A system which automatically detects a fire condition and actuates a fire alarm signal device.
FIRE-RESISTANCE RATING
The time in hours that the materials or construction will withstand the standard fire exposure as determined by a fire test made in conformity with the Standard Methods of Fire Tests of Building Construction and Materials of the American Society for Testing Materials, ASTM E-119.
OWNER
Includes his duly authorized agent or attorney, a purchaser, devisor, fiduciary and a person having a vested or contingent interest in the property in question.
PERSON
Includes a corporation and copartnership as well as an individual.
This code shall not be construed to hold the Town of Hamburg responsible for any damage to persons or property by reason of the inspection or reinspection authorized herein or failure to inspect or reinspect or the permit issued as herein provided or by reason of the approval or disapproval of any equipment authorized herein.