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.
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]
A system which automatically detects a fire condition and actuates
a fire alarm signal device.
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.
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.
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.
