This chapter, along with Chapter 27 and Chapter 29 of the Code of the Town of Kent, provides for the administration and enforcement of the New York State Uniform Fire Prevention and Building Code (the Uniform Code) and the State Energy Conservation Construction Code (the Energy Code) in this Town. This chapter is adopted pursuant to § 10 of the Municipal Home Rule Law. Except as otherwise provided in the Uniform Code, other state law, or other section of this chapter, all buildings, structures, and premises, regardless of use or occupancy, are subject to the provisions of this chapter.
A.
The provisions of this chapter shall apply equally
to new and existing conditions, except that existing conditions not
in strict compliance with the terms of this chapter shall be permitted
to continue where the exceptions do not constitute a distinct hazard
to life or property in the opinion of the Building Inspector, the
Chief Fire Inspector or an inspector.
B.
Nothing contained in this chapter 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 United States Department of Transportation nor as applying
to the military forces of the United States.
C.
This chapter is subject to all other chapters of the
Code of the Town of Kent and all ordinances and local laws of the
Town of Kent and any amendments thereto.
All matters within the intent of this chapter
not covered in detail by this chapter shall comply with nationally
recognized good practice.
Unless otherwise expressly stated, the following
terms shall, for the purpose of this chapter, have the meanings indicated
in this section:
Accepted by the Building Inspector, Chief Fire Inspector
or an inspector, as a result of his investigation and experience or
by reason of test, listing approval by the National Bureau of Standards,
the American Gas Association Laboratories or other nationally recognized
testing agencies.
Any structure having a roof supported by columns, poles or
walls, used or intended to be used for the shelter or enclosure of
persons, animals or property and used for residential, business or
industrial purposes.
The Building Inspector appointed pursuant to Chapter 27 of the Code of the Town of Kent.
The Fire Inspector appointed pursuant to Chapter 27 of the Code of the Town of Kent.
The Building Inspector and all Inspectors appointed pursuant to Chapter 27 of the Code of the Town of Kent.
State Energy Conservation Construction Code, as currently
in effect and as hereafter amended from time to time.
The time in hours that the material 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, ASTM E119, of the American Society for
Testing Materials.
Inspector appointed pursuant to Chapter 27 of the Code of the Town of Kent.
The Town of Kent.
A permit issued pursuant to Article V. The term "operating permit" shall also include an operating permit which is renewed, amended or extended pursuant to any provision of this chapter.
Includes his or her duly authorized agent or attorney, a
purchaser, devisee, fiduciary, and a person having a vested or contingent
interest in the property in question.
An individual, corporation, limited liability company, partnership,
limited partnership, business trust, estate trust, association, or
any other legal or commercial entity of any kind or description.
The Town of Kent.
The New York State Uniform Fire Prevention and Building Code,
as currently in effect and as hereafter amended from time to time.
The chapter hereby adopted shall be enforced by the Building Inspector, the Chief Fire Inspector or any Inspector pursuant to Chapter 27 of the Code of the Town of Kent.
The Building Inspector, Chief Fire Inspector
or the inspectors shall have such authority, at all reasonable hours,
to enter any building or premises as is consistent with law, for the
purpose of making any inspection or investigation which, under the
provisions of this chapter, he or she or they may deem necessary to
be made 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 chapter and of
any other ordinance affecting the fire hazard.
Whenever any of the inspectors mentioned in § 38-6 shall find in any building or upon any premises dangerous or hazardous conditions or materials as follows, he or she or they shall order such dangerous conditions or materials to be removed or remedied in such manner as may be specified by the inspectors.
A.
Dangerous or unlawful amounts of combustible, explosive
or otherwise hazardous materials.
B.
Hazardous conditions arising from defective or improperly
installed equipment for handling or using combustible, 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, stairs, passageways,
doors or windows, liable to interfere with the operations of the Fire
Department or the 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 chapter shall be made upon the owner, occupant
or other person responsible for the conditions, either by delivering
a copy of same to such 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 premises. Whenever
it may be necessary to serve such an order upon the owner of 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.
This chapter shall not be construed so as to
hold the municipality responsible for any damage to persons or property
by reason of the inspection or reinspection authorized herein or the
failure to inspect or reinspect for the permit issued as herein provided,
or by any reason of the approval or disapproval of any equipment authorized
herein.
