[Adopted 11-18-1981 by L.L. No. 4-1981; amended in its entirety 1-20-1999 by L.L. No. 1-1999]
It is the intent of this article to prescribe
regulations consistent with nationally recognized good practice for
the safeguarding, to a reasonable degree, of life and property from
the hazards of fire and explosion arising from, among other things,
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.
It is the established policy of the Town of
Harrison to provide its citizenry with fire protection. In furtherance
of this policy, the Town Board of the Town of Harrison deems it necessary
to adopt a revised Fire Code for the Town of Harrison and to create
a Bureau of Fire Prevention for the Town of Harrison. The Fire Code
shall, among other things, establish rules and regulations to improve
public safety by promoting the control of fire hazards; establish
regulations for the installation, use and maintenance of equipment;
establish regulations for the use of structures, premises and open
areas; provide for the abatement of fire hazards; provide for establishing
the responsibilities and procedures for Fire Code enforcement; provide
for inspections; and provide for setting forth the standards for compliance
and achievement of these objectives.
A.
It shall be unlawful for any person to violate this
Fire Code, to permit or maintain such a violation, to refuse to obey
any provisions thereof or to fail or refuse to comply with any such
provision or regulation, except as variation may be allowed by the
action of the Fire Inspector/Fire Marshal, in writing. Proof of such
unlawful act or failure shall be deemed prima facie evidence that
such act is that of the owner or other person in control of the premises.
Prosecution, or the lack thereof, of either the owner, occupant or
the person in charge shall not be deemed to relieve any of the others.
B.
Failure to comply with the time limits of an abatement
notice or other corrective notice issued by the Fire Inspector/Fire
Marshal shall result in each day that such violation continues being
regarded as a new and separate offense.
C.
Any person who sells, offers for sale, installs, operates,
maintains or uses any appliance, device, equipment or system which
requires a permit, license, approval or certificate under the provisions
of this Fire Code shall obtain said permit, license, approval or certificate
before conducting any operation covered by said permit, license, approval
or certificate.
D.
No person shall deliberately or maliciously turn in
an alarm of fire when, in fact, that person knows that no fire exists.
No person shall activate any installed fire-warning system or any
fixed fire-extinguishing system for purposes other than emergency,
maintenance, drills or prescribed testing.
[Amended 6-1-1994 by L.L. No. 5-1994]
A.
The Bureau of Fire Prevention for the Town of Harrison
is hereby created.
B.
The Bureau of Fire Prevention shall consist of the
Fire Inspector/Fire Marshal of the Town of Harrison, the Fire Chief
and assistant chiefs of Fire District No. 1 (West Harrison), the Fire
Chief and assistant chiefs of Fire District No. 2 (Downtown), the
Fire Chief and assistant chiefs of Fire District No. 4 (Purchase)
and the head of paid personnel for Fire District No. 2.
C.
The Bureau of Fire Prevention shall operate under
the supervision of the Fire Inspector/Fire Marshal, who shall be under
the supervision of the Supervisor of the Town.
(1)
The Fire Inspector/Fire Marshal shall be the administrator
of the Bureau of Fire Prevention. The Fire Inspector/Fire Marshal
shall be responsible for the direct administration and enforcement
of the Fire Prevention Code of the Town of Harrison.
(2)
The Fire Inspector/Fire Marshal shall be appointed
on the basis of examination or other method for determining his qualification
by the Town Board of the Town of Harrison.
A.
It shall be the duty of the Bureau of Fire Prevention
to enforce all laws and ordinances of the Town of Harrison covering
the following:
(1)
The prevention of fires.
(2)
The storage and use of explosives and flammables.
(3)
The installation and maintenance of automatic and
other fire alarm systems and fire-extinguishing equipment.
(4)
The maintenance and regulation of fire escapes.
(5)
The means and adequacy of exits in case of fire from
factories, schools, hotels, lodging houses, asylums, restaurants,
hospitals, churches, halls, theaters, amphitheaters and all other
places in which two or more persons work, live or congregate from
time to time for any purposes.
(6)
The investigation of the cause, origin and circumstances
of fires.
(7)
The maintenance of fire cause and loss records.
B.
Investigation and report of fires.
(1)
The Bureau of Fire Prevention shall investigate the
cause, origin and circumstances of every fire occurring in the Town
of Harrison which results in personal injury or loss of life or where
property has been destroyed or damaged and, so far as possible, shall
determine whether the fire is a result of carelessness or design.
Such investigations shall begin immediately upon the occurrence of
such a fire. The Fire Inspector/Fire Marshal shall take charge immediately
of the physical evidence, shall notify the proper authorities designated
by law to pursue the investigation of such matters and shall further
cooperate with the authorities in the collection of evidence and in
the prosecution of the case.
(2)
Every fire shall be reported, in wrising, to the Bureau
of Fire Prevention, within seven days after the occurrence of the
same, by the Fire Department officer in whose jurisdiction such a
fire has occurred. Such report shall be in such form as shall be prescribed
by a statement of all facts relating to the cause, origin and circumstances
of such fire; the extent of the damage thereof and the insurance upon
such property; and such other information as may be required, including
the injury, death or rescue of persons.
C.
The Bureau of Fire Prevention shall establish a program
for fire inspection of all premises covered by this Fire Code.
D.
The Bureau of Fire Prevention shall issue permits
and cause inspections as provided by this Fire Code.
E.
The Bureau of Fire Prevention shall have such other
powers and perform such other duties as are set forth in other sections
of this Fire Code and as may be conferred and imposed from time to
time by law.
F.
Upon the approval of the Town Board, the Bureau of
Fire Prevention shall be authorized to adopt such rules and regulations
for the issuance of permits as it shall deem necessary or appropriate.
G.
The Bureau of Fire Prevention shall investigate and
recommend to the Town of Harrison such additional ordinances, local
laws, rules and regulations and amendments thereto as it may deem
necessary for safeguarding life and property against fire.
H.
The Bureau of Fire Prevention shall prepare instructions
for the Fire Departments and forms for their use in the reports required
by this Fire Code.
I.
The Bureau of Fire Prevention shall compile and keep
a record of all fires and of all the facts concerning the same, including
injuries, deaths, rescue of persons and statistics as to the extent
of such fires and damage caused thereby and whether such losses were
covered by insurance and, if so, in what amount. Such record shall
be made daily from the reports by the technical inspectors under the
provisions of this Fire Code.
J.
The Bureau of Fire Prevention shall make a monthly
report of the activities of the Bureau of Fire Prevention and transmit
this report to the Town Board of the Town of Harrison. The report
shall contain all proceedings under the Fire Code, with such statistics
as the Town Board may wish to include therein.
K.
The Fire Inspector/Fire Marshal shall establish a
program for fire inspection of all premises covered by this Fire Code.
L.
The Fire Inspector/Fire Marshal shall issue permits
and cause inspections as provided by this Fire Code.
M.
The Fire Inspector/Fire Marshal shall have such other
powers and perform such other duties as are set forth in other sections
of this Fire Code and as may be conferred and imposed from time to
time by law.
N.
No rule or regulation concerning permits shall take
effect until a copy thereof is filed with the Town Clerk of the Town
of Harrison.
A.
Before permits may be issued as required by this Fire
Code, the Fire Inspector/Fire Marshal or his duly authorized representative(s)
or assistant(s) shall inspect and approve the receptacles, processes,
vehicles, buildings or storage places to be used for any such purposes.
B.
The Fire Inspector/Fire Marshal shall inspect or cause
to be inspected all premises on a periodic basis and shall make such
orders as may be necessary for the enforcement of the laws and ordinances
governing the same and for the safeguarding of life and property from
fire.
C.
Whenever the Fire Inspector/Fire Marshal and/or his
duly authorized representative(s) or assistant(s) shall find in any
building or upon any premises or other places combustible or explosive
matter or dangerous accumulations of rubbish or unnecessary accumulation
of wastepaper, boxes, shavings or any highly flammable materials especially
liable to fire and which is so situated as to endanger life or property,
or shall find obstructions to or on fire escapes, stairs, passageways,
doors or windows liable to interfere with the operations of the Fire
Department or egress of occupants in case of fire, he shall order
the same to be removed or remedied, and such order shall forthwith
be complied with by the owner or occupant of such premises or buildings.
D.
Any owner or occupant failing to comply with such
order within a reasonable period after the service of said order shall
be liable to penalties as hereinafter provided.
E.
The service of any such order may be made upon the
occupant of the premises to whom it is directed, either by delivering
a copy of the same to such occupant personally 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 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 said person a copy of said order or,
if such owner is absent from the jurisdiction of the officer making
the order, by mailing such copy by certified mail to the owner's last
known post office address.
The provisions of this article shall apply equally
to both public and private property, and it shall apply to all structures
and their occupancies, except as otherwise specified.
This article shall be deemed an exercise of
the police powers of the Town of Harrison for the preservation and
protection of the public health, peace, safety and welfare, and all
the provisions of the Fire Code of the Town of Harrison shall be liberally
construed for that purpose.
A.
Any person who shall violate any of the provisions
of the Fire Code hereby adopted; or who shall fail to comply therewith;
or who shall violate or fail to comply with any order made thereunder:
or who shall build in violation of any details, statements, specifications
or plans submitted or approved thereunder; or who shall operate not
in accordance with the provisions of any certificate, permit or approval
issued thereunder; or who shall fail to comply with such an order
as affirmed or modified by the Fire Inspector/Fire Marshal or by a
court of competent jurisdiction within five days, shall severally
for each and every violation and noncompliance, respectively, be guilty
of a misdemeanor punishable by a fine of not less than $50 nor more
than $1,000 or by imprisonment for not more than one year, or by both
fines and imprisonment. The imposition of a penalty for any violation
shall not excuse the violation, nor shall the violation be permitted
to continue. All such persons shall be required to correct or remedy
such violations or defects within a reasonable time, and when not
otherwise specified, the application of the above penalty shall not
be held to prevent the enforced removal of prohibited conditions.
B.
The procedure set forth below shall be known as "informal
administrative enforcement" and is intended to provide a flexible
and expeditious means of abating Fire Code violations. Informal administrative
enforcement may be used either as an alternative or in addition to
all other procedures and remedies provided by this Fire Code and other
provisions of law.
(1)
In the event of an actual or threatened violation
of this Fire Code, the Town Attorney may enter into and enforce a
written agreement with a responsible party providing for the removal
or abatement, upon reasonable terms and conditions, of such actual
or threatened violation and the imposition of such civil penalties,
sanctions and other remedies, immediate or contingent, as may be appropriate.
Such written agreement shall be in the form of, and deemed, a consent
judgment and shall be filed and enforced in any court of competent
jurisdiction. The responsible party shall pay all filing fees and
such other reasonable costs as the parties may agree.
(2)
No such consent judgment shall have any force or effect
until filed with the Town Clerk as a public record and approved by
either the Fire Inspector/Fire Marshal, in writing, similarly filed,
or by the Town Board.
(3)
Notice of the signing of any such consent judgment
shall be published at the responsible party's expense in an official
newspaper of the town within 15 days, and any resident or landowner,
within 10 days of such publication, may petition the Town Board, upon
reasonable notice to all parties to the consent judgment, to disapprove
or, if already approved by the Fire Inspector/Fire Marshal or the
Town Board, to reconsider and disapprove the consent judgment. The
petition shall be considered no later than the next meeting of the
Town Board occurring at least five days after such petition was filed
with the Town Clerk.
C.
In addition to the other remedies provided by law,
any appropriate action or proceeding, whether by legal process or
otherwise, may be instituted to prevent a violation or threatened
violation of this Fire Code and to enjoin or remedy any violation
of this Fire Code. The remedies provided by this Fire Code shall be
cumulative and shall be in addition to any other remedies provided
by law.
This Fire Code shall not be construed to subject
the Town of Harrison, any fire district or Fire Department therein
or any officers or employees thereof to any civil or other liability
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.
[Amended 6-1-1994 by L.L. No. 5-1994; 10-3-2001 by L.L. No.
7-2001; 2-21-2007 by L.L. No. 1-2007]
A.
The fee as fixed by the Town Board pursuant to § 137-1 shall be charged for permits, licenses, approvals and certificates and other functions performed under this Fire Code and shall be payable to the Town of Harrison. Such fees shall accompany each application for a permit, license, approval, certificate or other fee-related Fire Code provisions.
