City of Ithaca, NY
Tompkins County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Ithaca as Ch. 55 of the 1974 Municipal Code; amended in its entirety 5-4-2005 by Ord. No. 2005-05. Subsequent amendments noted where applicable.]
CHARTER REFERENCES
Fire Department — See Art. VI.
GENERAL REFERENCES
Emergency preparedness — See Ch. 48.
Building construction — See Ch. 146.
Hazardous or radioactive materials — See Ch. 201.
Smoking — See Ch. 280.
Zoning — See Ch. 325.
The official in charge at any fire or emergency scene may, when deemed necessary by him/her, blockade any street or part of a street or other place at or near a fire or emergency scene so as to secure the safety of the personnel and apparatus, and no person shall break through or attempt to break through such blockade.
[Amended 4-3-2019 by Ord. No. 2019-09]
A. 
It shall be unlawful to interfere with, attempt to interfere with, conspire to interfere with, obstruct or restrict the mobility of or block the path of travel of a Fire Department emergency vehicle in any way, or to interfere with, attempt to interfere with, conspire to interfere with, obstruct or hamper any Fire Department operation.
B. 
Fire lanes. Designated fire lanes shall not be obstructed in any manner, including the parking or standing of vehicles, on private or public property.
C. 
The Fire Department shall not be deterred or hindered from gaining immediate access to fire protection equipment or fire hydrants. A three-foot (914 mm) clear space shall be maintained around the circumference of fire hydrants, except as otherwise required or approved. Unobstructed access to fire hydrants shall be maintained at all times.
D. 
Violations of the provisions of the Fire Department access section of this Code shall be punishable by a fine of $50 for the first offense, $100 for the second offense, and $150 for subsequent offenses.
[Amended 7-5-2017 by Ord. No. 2017-15; 4-3-2019 by Ord. No. 2019-09]
A. 
Construction/maintenance activities. No person, who will perform maintenance, construction, cleaning, or other such activities which are likely to activate a fire detection or fire suppression system device in a building protected by a fire detection or suppression system, shall initiate any such activities until such time as they have determined that the fire detection or fire suppression system has been properly protected against inadvertent activation of such system. Protective measures include, but are not limited to, device and/or zone isolation, or system isolation. When any question exists as to whether or not such system has been properly isolated, the Fire Department shall be consulted prior to any such work commencing.
A. 
Authority. Pursuant to the provisions of § 209 of the General Municipal Law, the Fire Department of the City is hereby authorized and permitted to go to the aid of another city, village, town, fire district, fire protection district, fire alarm district or other territory outside said City.
B. 
Conditions. The Chief of the Fire Department or, in the Chief's absence, the person in charge thereof is hereby authorized to extend such aid under the following conditions and restrictions:
(1) 
Such aid shall not be given to such an extent or under such circumstances as to unreasonably or dangerously impair the adequacy of said Fire Department for the extinguishment of fires within the City.
(2) 
Said Chief, in connection with each call for outside assistance, shall prepare a claim for all loss, damage to apparatus or other equipment, expenses incurred in the operation of apparatus and equipment and costs of materials used and render such claim to the officer specified in and in the manner provided by § 209, Subdivision 2, of the General Municipal Law, if so directed by the Common Council.
(3) 
The Common Council shall have the power to make such additional rules, regulations, conditions and restrictions not inconsistent herewith as it may deem proper and desirable.
[Amended 7-5-2017 by Ord. No. 2017-15]
C. 
Indemnity of City. The territory to which such outside assistance is rendered shall assume liability for injuries or damage to person or property of others for which the City might be liable, whether under the provisions of §§ 50-a, 50-b and 50-c of the General Municipal Law or otherwise. The Board of Fire Commissioners may, in its discretion, require such agreement, certificate of insurance or other form of indemnity as it may deem necessary or practicable as a condition precedent to the rendering of such outside assistance.
D. 
Effect of provisions. Nothing herein contained shall be construed to create any obligation to render assistance outside the City, and the refusal or failure to render such assistance shall create no liability on the City or any of its boards, officers or employees. Nothing herein contained shall operate to affect or modify any contract for fire protection heretofore or hereafter entered into between the City and any other municipal corporation or territory.
The violation of any provision of this article shall be punishable as prescribed in Chapter 1, General Provisions, Article I, Penalties, of this Code.
[Amended 4-4-2007 by Ord. No. 2007-3]
The law governing fire prevention and safety in the City of Ithaca is contained in Article 18 of the New York Executive Law and its accompanying regulations codified in Title 19 of the Official Compilation of the Codes, Rules, and Regulations of the State of New York.
[Amended 4-4-2007 by Ord. No. 2007-3]
A. 
Enforcement. Pursuant to § 381 of the New York Executive Law, the City of Ithaca shall be the entity responsible for enforcement of the New York State Uniform Fire Prevention and Building Code (the Uniform Code) within the City of Ithaca. This article provides for the enforcement and administration of the Fire Code and the Property Maintenance Code of New York State.
B. 
Code enforcement official. The Chief of the Fire Department or the Chief's designee shall be considered the code enforcement official for the Fire Code and Property Maintenance Code of New York State within the City of Ithaca.
C. 
It shall be a violation of this section of the Ithaca City Code to violate any provision of the International Fire Code or the International Property Maintenance Code referenced in 19 NYCRR Part 1225.1.
[Added 4-3-2019 by Ord. No. 2019-09]
[Amended 4-4-2007 by Ord. No. 2007-3]
A. 
The Fire Prevention Bureau is a division of the Ithaca Fire Department designated by the Chief of the Fire Department for the enforcement and administration of this article.
B. 
Fire Marshal. The Fire Marshal shall be designated by the Chief of the Fire Department. The Fire Marshal shall be an employee and fire officer within the Ithaca Fire Department. The Fire Marshal shall be in charge of the Fire Prevention Bureau; and, for the purpose of this article, he/she shall be the Fire Chief's designee as the code Enforcement Official.
C. 
Inspectors. The Chief of the Fire Department may designate such members of the Fire Department as inspectors as shall from time to time be necessary. Inspectors for the purpose of inspection of buildings or premises and ascertaining and causing to be corrected any violations of the Fire Code and Property Maintenance Code of New York State shall be the career Fire Department officers or members so designated by the Chief of the Fire Department.
D. 
Report to Mayor. A report of the Fire Prevention Bureau shall be made annually and submitted to the Mayor. It shall contain all enforcement actions under the Uniform Code, with such statistics as the Chief of the Fire Department may deem necessary to include therein. The Chief of the Fire Department may also recommend any amendments to this article as he/she may deem to be desirable.
[Amended 8-3-2005 by Ord. No. 2005-16; 4-4-2007 by Ord. No. 2007-3]
A. 
An operating permit issued by the Chief of the Fire Department or the Fire Marshal shall constitute permission to maintain, store or handle materials or to conduct processes and activities which produce conditions hazardous to life or property or to install equipment used in connection with such activities. Any person who proposes to undertake any new activity or to operate any type of new building listed in this section shall be required to obtain an operating permit prior to commencing such activity or operation. Such permit shall not take the place of any license otherwise required by law. It is not transferable, and any change in the use or occupancy of premises shall require a new permit. The Fire Chief or the Fire Marshall shall, in his/her discretion, determine the appropriate duration of an issued permit. Unless otherwise specified in this chapter, no permit shall be valid for a period of more than one year.
B. 
Before an operating permit is issued, the Chief of the Fire Department or the Chief's designee shall inspect and approve the receptacles, vehicles, buildings or storage places to be used. In cases where laws or regulations enforceable by other departments other than the Fire Department are applicable, joint approval shall be obtained from all departments concerned.
C. 
All applications for an operating permit required by this code shall be made to the office of the Fire Prevention Bureau in such form and detail as it shall prescribe. Applications for permits shall be accompanied by such plans as are required by the Chief of the Fire Department or the Fire Marshal.
D. 
Operating permits shall at all times be kept on the premises designated therein and shall at all times be subject to inspection by any City of Ithaca fire inspector. The Chief of the Fire Department and the Fire Marshal shall have the authority to revoke a duly issued permit prior to the expiration thereof if there is a reasonable basis to believe that the permit holder is in violation of the provisions of this chapter regarding said permit, or that the permit holder has violated the terms of the permit.
E. 
The following permits are required:
(1) 
Explosives, ammunition and blasting agents.
(a) 
An operating permit shall be obtained to:
[1] 
Manufacture, possess, store, sell or otherwise dispose of explosives or blasting agents.
[2] 
Transport explosives or blasting agents.
[3] 
Use explosives or blasting agents.
[4] 
Operate a terminal for handling explosives or blasting agents.
[5] 
Deliver to or receive explosives or blasting agents from a carrier at a terminal between the hours of sunset and sunrise.
[6] 
Transport blasting caps or electric blasting caps on the same vehicle with explosives.
(b) 
An operating permit shall not be issued for:
[1] 
Liquid nitroglycerin.
[2] 
Dynamite (except gelatin dynamite) containing over 60% of liquid explosive ingredient.
[3] 
Dynamite having an unsatisfactory absorbent or one that permits leakage of a liquid explosive ingredient under any conditions liable to exist during storage.
[4] 
Nitrocellulose in a dry and uncompressed condition in a quantity greater than 10 pounds net weight in one package.
[5] 
Fulminate of mercury in a dry condition and fulminate of all other metals in any condition except as a component of manufactured articles not hereinafter forbidden.
[6] 
Explosive compositions that ignite spontaneously or undergo marked decomposition, rendering the products or their use more hazardous, when subjected to 48 consecutive hours or less at a temperature of 167° F.
[7] 
New explosives until approved by the United States Department of Transportation, except that permits are permitted to be issued to educational, governmental or industrial laboratories for instructional or research purposes.
[8] 
Explosives condemned by the United States Department of Transportation.
[9] 
Explosives not packed or marked in accordance with the requirements of the Department of Transportation.
[10] 
Explosives containing an ammonium salt and a chlorate.
(c) 
Nothing in this Subsection E(1) shall be construed as applying to:
[1] 
The transportation of explosive materials when under the jurisdiction of and in compliance with the regulations of the Hazardous Materials Regulation Board of the United States Department of Transportation (DOT). It shall, however, apply to municipal supervision as to compliance with federal regulations within the jurisdiction of a municipality.
[2] 
The transportation and use of military explosives by federal and state military departments, nor to the transportation and use of explosive materials by federal, state and municipal governmental departments while in the normal and emergency performance of their duties.
[3] 
The manufacture, under the regulations of the Department of Defense, of explosive materials for or their distribution to or storage or possession by the military or naval services or other agencies of the United States or to arsenals, navy yards, depots or other establishments owned by or operated by or on behalf of the United States.
[4] 
The use of explosive materials in medicines and medicinal agents in the forms prescribed by the United States Pharmacopeia or the National Formulary.
(2) 
Manufacture, sale, storage, and discharge of fireworks.
(a) 
An operating permit shall be obtained from the Chief of the Fire Department or the Fire Marshal for the manufacture and storage of fireworks. The Chief of the Fire Department or the Fire Marshal may restrict the quantity of fireworks that can be manufactured or stored.
(b) 
The Chief of the Fire Department or the Fire Marshal may adopt reasonable rules and regulations for the granting of permits for supervised public displays of fireworks by municipalities, fire associations or groups of individuals.
(c) 
Such permits can be granted upon application to the Chief of the Fire Department or the Fire Marshal and after approval of the Chief of Police. Applications for permits shall be made, in writing, at least 30 days in advance of the date of the display. No permit granted shall be transferable.
(3) 
Pyrotechnic displays and devices. A permit shall be obtained for the use of pyrotechnic devices in areas of public assembly. The permit shall be valid for one day and shall not be transferable to a different location. Applications for permits shall be made, in writing, at least 30 days in advance of the date of use. A demonstration of the pyrotechnic display and devices shall be witnessed by the Fire Department prior to use before a public gathering.
(4) 
Hazardous materials.
(a) 
An operating permit shall be required for the manufacturing, storing or handling of hazardous materials in quantities exceeding those listed in the tables contained in 5003.1.1 (1), (2), (3) or (4) of the International Fire Code, incorporated by reference in 19 NYCRR Part 1225.1.
[Amended 4-3-2019 by Ord. No. 2019-09]
(b) 
An operating permit shall be required for the storage or handling at any installation of radioactive materials having a radioactivity greater than one microcurie or any amount of radioactive material for which a specific license from the United States Nuclear Regulatory Commission is required so as to be reasonably safe to persons and property. A specific license for the radioactive material obtained from the United States Nuclear Regulatory Commission shall be evidence that such license represents reasonable procedure for safety to persons and property.
(c) 
An operating permit shall be required for hazardous processes and activities, including but not limited to commercial and industrial operations which produce combustible dust as a byproduct, fruit and crop ripening, and waste handling.
(d) 
Reports.
[1] 
Before authorizing the issuance of any operating permit, the Chief of the Fire Department or the Fire Marshal is permitted to require the applicant to submit, in writing, one or more of the following:
[a] 
A report from an approved testing laboratory for the physical and chemical properties of the chemical in question whenever such properties are not readily available in published reference or from other recognized sources.
[b] 
Evidence that the amount of manufacture, processing, storage, use or transportation of the hazardous chemicals in question is in accordance with nationally recognized safe practices and that no undue hazard to life or property is involved.
[c] 
The qualification, experience and knowledge of the person who is to supervise the operations involving the particular material.
[2] 
Reports concerning materials or processes are permitted to be marked for the confidential information of the Chief of the Fire Department or the Fire Marshal, who shall use the data contained therein to evaluate the fire and explosion hazard.
(5) 
Liquefied petroleum gases.
(a) 
An operating permit shall be obtained for:
[1] 
Each installation of liquefied petroleum gas employing a container or an aggregate of interconnected containers of over 2,000 gallons' water capacity.
[2] 
Each temporary or permanent installation of liquefied petroleum gas, irrespective of the size of the containers, made at buildings or gatherings at which people congregate for civic, political, educational, religious, social or recreational purposes. Such buildings shall include but not be limited to schools, churches, health-care occupancies, hotels and restaurants, each having a capacity of 20 or more persons. This section shall not apply to one- or two-family dwellings utilizing appliances supplied with a single cylinder not exceeding 20 pounds' capacity.
(b) 
Where the nature of the adjoining occupancy, the proximity of adjacent buildings or unusual conditions indicate the need, the Chief of the Fire Department or Fire Marshal may require the submittal of plans to the Fire Prevention Bureau prior to making the installation; and if compliance with the requirements of this code is shown by said plans, an operating permit shall be issued.
(c) 
Installers shall report all installations for which an operating permit is not required, not including installations of gas-burning appliances, but including heater-container units, and have them available for inspection by the Bureau of Fire Prevention.
(6) 
Lumberyards and woodworking plants. A permit shall be required for the storage of lumber exceeding 100,000 board feet.
(7) 
General precautions against fire.
(a) 
Bonfires, recreational fires, and outdoor rubbish fires. No person shall kindle or maintain any bonfire, recreational fire or rubbish fire or authorize any such fire to be kindled or maintained without an operating permit or other proper authorization. During construction or demolition of buildings or structures, no waste materials or rubbish shall be disposed of by burning on the premises or in the immediate vicinity without having obtained an operating permit or other proper authorization.
(b) 
Matches. No person shall manufacture matches without an operating permit. No person shall store matches exceeding in aggregate 25 cases of matches without an operating permit.
(c) 
Storage of readily combustible materials.
[1] 
Permit required. No person shall store in any building or upon any premises in excess of 2,500 cubic feet gross volume of combustible empty packing cases, boxes, barrels or similar containers, rubber tires, rubber or cork or other similarly combustible material without an operating permit.
[2] 
Storage requirements. Storage in buildings shall be orderly, shall not be within two feet of the ceiling, shall be separated from heaters or heating devices by distance or shielding so that ignition cannot occur and shall not be so located as to endanger exit from the building. Storage in the open shall be so located with respect to adjacent buildings as not to constitute a hazard and shall be compact and orderly.
(8) 
Hot work, acetylene generators, calcium carbide and acetylene cylinder charging plants.
[Amended 4-3-2019 by Ord. No. 2019-09]
(a) 
Operating permit required for hot work. This includes operations such as cutting, welding, thermal welding, brazing, soldering, grinding, thermal spraying, thawing pipe, installation of torch-applied roof systems or any other similar activity.
[1] 
An operating permit shall be required of each company, corporation, co-partnership or owner/operator performing hot work operations, except as provided below in Subsection E(8)(a)[2]. This permit shall not be required for each hot work job location. The company, corporation, co-partnership or owner/operator shall notify the Fire Chief or the Fire Marshal in advance where such work is done in response to an emergency call that does not allow time to issue the necessary permit.
[2] 
An operating permit shall not be required of any company, corporation, co-partnership or owner/operator:
[a] 
Where the hot work is performed in areas approved for the purpose; or
[b] 
Having an approved permit system established for control of the fire hazards involved.
[3] 
Application for an operating permit required by this article shall be made by the company, corporation, copartnership or owner/operator performing the welding or cutting operation or by his/her duly authorized agent.
[4] 
An operating permit for welding or cutting operations shall not be issued unless the individuals in charge of performing such operations are capable of doing such work in a safe manner. Demonstration of a working knowledge of the provisions of this article shall constitute acceptable evidence of compliance with this requirement.
[5] 
Companies, corporations, copartnerships and owner/operators required to have an operating permit shall maintain a record of all locations where welding or cutting operations are performed and have it available for inspection by the Fire Prevention Bureau.
(b) 
Operating permit required for cylinder and container storage. An operating permit shall be required for the storage of cylinders or containers used in conjunction with welding or cutting operations when more than 2,000 cubic feet of flammable compressed gas, other than liquefied petroleum gas, or a total water capacity of 735 pounds of liquefied petroleum gas or methylacetylene-propadiene, stabilized, or 6,000 cubic feet of nonflammable compressed gas is stored.
(c) 
Operating permit required for acetylene generators. No person shall operate an acetylene generator having a carbide capacity exceeding five pounds without an operating permit.
(d) 
Operating permit required for storage of calcium carbide. An operating permit shall be required to store or keep calcium carbide in excess of 200 pounds.
(9) 
Asphalt kettles.
(a) 
An operating permit shall be required for asphalt kettles. Such permit shall be obtained prior to the issuance of any building permit for the construction or reconstruction of any roof and prior to operation of the kettle on the site.
(b) 
An operating permit shall be obtained for each kettle to be used, even if more than one will be used at one site.
(c) 
Regulations governing the operation and use of asphalt kettles shall be as specified in the Fire Code of New York State.
(10) 
Areas of public assembly (Assembly Group A Occupancies).
(a) 
Definition. Areas of public assembly are those areas set forth as such and defined in the Uniform Code as "Assembly Group A Occupancies." These assembly areas include buildings and portions of buildings used for gathering together 50 or more persons for purposes of amusement, athletics, civic purposes, dining, education, entertainment, or patriotic, political, recreational, religious, or other social purposes. Examples of such buildings include but are not limited to: nightclubs, restaurants, art galleries, bowling alleys, churches, community halls, funeral parlors, lecture halls, libraries, museums, passenger stations, and skating rinks.
(b) 
An operating permit shall be obtained from the Chief of the Fire Department or the Fire Marshal for the operation of an area of public assembly prior to such operation.
(c) 
The Chief of the Fire Department or the Fire Marshal may promulgate reasonable rules and regulations for the granting of permits, including but not limited to requiring the submittal of plans and/or specifications for such space, and requiring the submittal of installation and/or testing records for fire protective equipment or systems in use in said area of assembly.
(d) 
Upon receipt of such application, the Chief of the Fire Department or the Fire Marshal shall cause the area of public assembly to be inspected. Such inspection shall include measuring and calculating maximum occupancy load(s) for the space and determining whether or not the space is in compliance with the Uniform Fire Prevention and Building Code of New York State.
(e) 
No permit for an area of public assembly shall be granted if, in the opinion of the Chief of the Fire Department or the Fire Marshal, such space is not in compliance with the Uniform Fire Prevention and Building Code.
(f) 
An operating permit for an area of public assembly shall be effective for a period not to exceed one year. An application for renewal must be made prior to the expiration of the current permit.
(g) 
An operating permit for an area of public assembly may be suspended or revoked if, in the opinion of the Chief of the Fire Department or the Fire Marshal, there is a violation of the Fire Code or Property Maintenance Code of New York State resulting in immediate danger to the life or health of occupants thereof.
(h) 
In the event that an on-premises inspection organization exists which may provide third-party inspection and certification of compliance, such fees as required for this section shall be adjusted to reflect the actual time spent by the Fire Department required to assure compliance with the intent of this part.
(i) 
Fees for an operating permit for an area of public assembly or for renewal of such permit shall be established by the Fire Chief, according to § 181-9F of this article. Such fees shall be the actual costs incurred to do the work. The personnel costs included shall be based on the average hourly rate plus expenses for Fire Department personnel. An estimate of these costs shall be provided to the applicant upon preliminary approval of the application for said permit.
(11) 
Fire protective systems.
(a) 
An operating permit shall be required to install or substantially repair a fire detection, alarm or fire suppression system as such is defined in the New York State Uniform Fire Prevention and Building Code.
(b) 
The permit required in Subsection E(11)(a) above shall be obtained from the Chief of the Fire Department or the Fire Marshal. This permit is separate from, and shall be required in addition to, any building permit issued by the Building Department.
(c) 
Prior to the issuance of an installation permit, the Chief of the Fire Department or the Fire Marshal shall review said application along with the associated building permit to ensure compliance with applicable codes, rules and regulations.
(d) 
Upon completion of installation or repair work, an applicant shall conduct an acceptance test of the full system, which test shall be observed by the Chief of the Fire Department or the Chief's designee. The applicant shall provide the Chief of the Fire Department or the Chief's designee with a system test record describing the system to be tested and its components. The test shall be conducted in accordance with the standards prescribed by the National Fire Protection Association or other appropriate standard-setting organization as determined by the Chief of the Fire Department or the Fire Marshal. If it is satisfied that the installation work meets the prescribed standards, the Chief of the Fire Department or the Fire Marshal shall certify the work as complete and satisfactory.
(e) 
Fees. Fees for an installation or repair permit shall be established by the Fire Chief in accordance with § 181-9F(1) of this article. Such fees shall be the actual costs incurred to do the work. The personnel costs included shall be based on the average hourly rate plus expenses for Fire Department personnel.
(12) 
Elevators.
(a) 
An operating permit shall be required to operate an existing or install a new elevator or conveying system as defined by the New York State Uniform Fire Prevention and Building Code. A separate operating permit is required for each elevator or conveying system.
(b) 
The operating permit required in Subsection E(12)(a) shall be obtained from the Chief of the Fire Department or the Fire Marshal. This permit is separate from, and shall be required in addition to, any building permit issued by the Building Department.
(c) 
Prior to the issuance of an operating permit, the Chief of the Fire Department or the Fire Marshal shall review said application along with the associated inspection reports to ensure compliance with the applicable codes, rules, and regulations.
(d) 
New installations. Upon completion of the installation of a new elevator or conveying system, an applicant shall conduct an acceptance test of the elevator or conveying system. The acceptance test shall be witnessed by a qualified elevator inspector, as defined in Subsection E(12)(f), and shall also be witnessed by the Chief of the Fire Department or the Chief's designee. The applicant shall provide the Chief of the Fire Department or the Chief's designee with a system test record that describes the system to be tested and its components. The acceptance test shall be conducted in accordance with the standards prescribed by the American Society of Mechanical Engineers (ASME) or other appropriate standard-setting organization as determined by the Chief of the Fire Department or the Fire Marshal. If it is satisfied that the installation work meets the prescribed standards, the Chief of the Fire Department or the Fire Marshal shall certify the work as complete and satisfactory.
(e) 
Fees. Fees for an operating permit shall be established by the Fire Chief in accordance with § 181-9F(1) of this article. Such fees shall be the actual costs incurred to do the work. The personnel costs included shall be based on the average hourly rate plus expenses for Fire Department personnel.
(f) 
Qualified elevator inspector (QEI). Elevator inspectors shall be required to provide a current certification from an ASME accredited organization to the Chief of the Fire Department or the Fire Marshal. The Chief of the Fire Department or the Fire Marshal shall maintain a list of QEI's who are authorized to perform periodic inspections of elevators in the City of Ithaca.
(g) 
Periodic inspections. Periodic inspections of elevators or conveying systems, as required by the New York State Uniform Fire Prevention and Building Code, shall be made by a qualified elevator inspector. Inspection reports shall be filed with Fire Department within 30 days of the inspection by the QEI. The owner of the building shall provide documentation to the Fire Department from an elevator service contractor that states the violations have been abated.
(h) 
Periodic tests. Periodic tests of elevators or conveying systems, as required by the New York State Uniform Fire Prevention and Building Code, shall be witnessed by a qualified elevator inspector. The building owner or the owner's authorized agent shall have all tests required by the Uniform Code made by persons qualified to perform such service in the presence of a qualified elevator inspector authorized by the Chief of the Fire Department or the Fire Marshal. The qualified elevator inspector witnessing the periodic test shall not possess a financial interest with parties performing service or testing of the elevator or conveying system that is being tested.
(i) 
Frequency of inspection and testing. The frequency of inspection and testing is determined by the New York State Uniform Fire Prevention and Building Code.
(j) 
Expiration of operating permit. An operating permit for an elevator or conveying system shall be valid for a period no greater than three years. The operating permit will be automatically renewed upon a firesafety and property maintenance inspection as required by § 181-16.
(k) 
Validity of operating permit. An operating permit for an elevator or conveying system shall be valid for three years, provided that the elevator or conveying system is operated, maintained, tested, and inspected in accordance with the requirements of this article and the Uniform Code.
(l) 
The operating permit issued by the Ithaca Fire Department shall be posted in every passenger car, freight car and elevator machine room for which the operating permit was issued.
(13) 
Food trucks and other mobile or temporary cooking operations.
[Added 9-6-2017 by Ord. No. 2017-11]
(a) 
A "mobile or temporary cooking operation," as used in this chapter, is defined as any cooking facility, apparatus or equipment, being operated on a one-time or interim basis, or for less than 90 days in the same location, other than at a fixed location, building or structure which has been inspected and permitted under another section of this Code, regulation or statute, inclusive of self-propelled trucks and vehicles, trailered units, push carts, equipment located under cover of awnings, canopies or pop-up tents, or other structures for which a building permit has not been issued.
(b) 
A "food truck," as used in this chapter, is defined as any motor vehicle, trailer or enclosed cart, which a person or persons may enter and work inside, and from which food is prepared, cooked and served.
(c) 
Any food truck used for the preparation and serving of food within the City of Ithaca must obtain and display an operating permit as described in this chapter.
(d) 
The required operating permit shall be obtained from the Chief of the Fire Department or the Chief's designee. This food truck operating permit is separate from, and shall be obtained in addition to, any other permit that may be required or issued by New York State, Tompkins County, or the City of Ithaca.
(e) 
Regulations governing the operation and use of mobile or temporary cooking operations, and specifically food trucks, shall be as specified in § 81-10 of this article, the Uniform Fire Code of New York State, and the International Fire Code.
(f) 
Validity of operating permit. An operating permit for a food truck shall expire on December 31 of the year of issuance, provided that the food truck is operated, maintained, tested, and inspected in accordance with the requirements of this article.
(g) 
The operating permit issued by the Ithaca Fire Department shall be posted in public view from the exterior of the food truck for which the operating permit was issued.
(14) 
Parking garages as defined in § 181-18A.
[Added 1-2-2019 by Ord. No. 2019-01]
(a) 
An operating permit shall be obtained from the Chief of the Fire Department or the Fire Marshal for the operation of a parking garage prior to such operation.
(b) 
The Chief of the Fire Department or the Fire Marshal may promulgate reasonable rules and regulations for the granting of permits, including but not limited to requiring:
[1] 
The submittal of plans and/or specifications for such structure;
[2] 
Initial condition assessments;
[3] 
Periodic condition assessments; and
[4] 
The installation and/or testing records for fire protection equipment or systems in use of said structure.
(c) 
Upon receipt of such application, the Chief of the Fire Department or the Fire Marshal shall cause the parking garage to be inspected for compliance with the Uniform Fire Prevention and Building Code of New York State.
(d) 
No permit for a parking garage shall be granted if, in the opinion of the Chief of the Fire Department or the Fire Marshal, such structure is not in compliance with the Uniform Fire Prevention and Building Code.
(e) 
An operating permit for an area of parking garage shall be effective for a period not to exceed three years. An application for renewal must be made prior to the expiration of the current permit.
(f) 
An operating permit for a parking garage may be suspended or revoked if, in the opinion of the Chief of the Fire Department or the Fire Marshal, there is a violation of the Uniform Fire Prevention Code of New York State resulting in immediate danger to the life or health of occupants thereof.
(g) 
Fees for an operating permit for parking garages or for renewal of such permit shall be established by the Chief of the Department, according to § 181-9F of this article.
F. 
Permit fees.
(1) 
The Chief of the Fire Department or the Fire Marshal shall promulgate an operating permit fee schedule applicable to the permits required herein. Fees established in the fee schedule shall reasonably reflect the cost of receiving, investigating, processing and issuing each of said permits.
(2) 
Such schedule and any changes proposed thereto shall be submitted to the Common Council for adoption prior to collection of such fees.
(3) 
The fee schedule shall be posted at the Fire Chief's office and distributed to any interested parties.
[Added 9-6-2017 by Ord. No. 2017-11]
A. 
The following provisions shall apply to any mobile or temporary cooking operation, generally:
(1) 
Tents, booths, tables, food trucks and equipment associated with a mobile or temporary cooking operation shall be placed so as not to obstruct fire lanes, fire hydrants, Fire Department connections or required egress paths.
(2) 
All tents and membrane structures and their appurtenances, sidewalls, drops and tarpaulins, floor coverings, bunting and combustible decorative materials shall meet the flame propagation performance requirements of National Fire Protection Association (NFPA) Standard NFPA 701 or equivalent.
(3) 
Cooking appliances shall be isolated from the public by at least five feet or a suitable barrier placed between the cooking appliance and the public.
(4) 
Open flame or other devices emitting flame, fire, heat or any flammable or combustible liquids, gas, charcoal or other cooking device shall not be permitted inside or located within 20 feet of a tent or membrane structure unless otherwise approved by the Fire Department.
(5) 
Fryers or other appliances having combustible liquids heated by LPG, electricity or solid fuels shall not be permitted under tents or other membrane structures.
(6) 
Portable fire extinguisher requirements:
(a) 
Each mobile or temporary cooking operation shall have at least one 2A:20BC-rated fire extinguisher on site.
(b) 
Fire extinguishers shall be located so as to be conspicuous and easily accessible for use.
(c) 
Fire extinguishers shall be fully charged and bear a current inspection tag or a receipt of purchase within the last 12 months.
(d) 
A Class K fire extinguisher shall be required for any mobile or temporary cooking operation using a deep-fat fryer.
(7) 
Electric generator requirements.
(a) 
Portable generators shall be UL listed.
(b) 
Portable generators shall be marked to show that the neutral is bonded to the frame.
(c) 
Generators shall be separated from tents and other membrane structures by a minimum of 20 feet, unless otherwise approved by the Ithaca Fire Department, and protected from contact by the public by fencing, enclosure or other approved means. Fuel supplies shall be properly stored, in approved containers and away from sources of ignition.
(d) 
Refueling shall be conducted only when generator is shut down and the engine surface has cooled below the auto ignition temperature of the fuel.
(e) 
Generator exhausts shall be directed away from mobile cooking operations, air intakes, exits and openings, and in such a manner that the public is not adversely affected by the exhaust.
(f) 
Vehicle-mounted generators or on-board generators must be grounded as specified in the National Electrical Code provisions pertaining to portable and vehicle-mounted generators.
(8) 
Electrical system requirements.
(a) 
The electrical distribution and wiring systems shall be in good condition.
(b) 
All electrical cords shall be listed for outdoor use and maintained in good condition without splices, deterioration or damage.
(c) 
All connections shall be protected from rain or water.
(d) 
Extension cords shall be plugged directly into an approved receptacle, power tap or multi-plug adapter and, except for approved multi-plug extension cords, shall serve only one portable appliance.
(e) 
The ampacity of the extension cord shall be not less than the rated capacity of the portable appliance supplied by the cord.
B. 
Food truck operating permit. Food truck vendors shall be required to obtain, maintain, and display an operating permit. To obtain and maintain an operating permit, food trucks shall comply with the following requirements:
(1) 
Demonstrated compliance with the provisions of Subsection A above, applicable to all mobile or temporary cooking operations.
(2) 
Safety training requirement. All food truck vendors shall be required to attend a safety class offered free of charge by the Ithaca Fire Department ("IFD"). Certification will be good for three years. At least one person certified by the IFD as having been trained shall be with the food truck at all times that it is in operation as a food vending site. Identification will be provided to identify certified workers. Equivalent certification from another Fire Department or municipality will also be acceptable. Training shall include: proper use of portable fire extinguishers and extinguishing systems; proper method of shutting off fuel sources; proper procedure for notifying the local fire department; proper refueling; how to preform leak detection; and fuel properties.
(3) 
Inspection requirement. All food truck vendors shall be required to pass an annual fire inspection conducted by the Ithaca Fire Department and obtain an IFD food truck operating permit, which shall be available for inspection at all times. Vendors may be subject to additional spot check inspections at festivals and other times they are open for business.
(4) 
The following shall be required for all operating permit applications submitted on or after January 1, 2018:
(a) 
Fuel gas, liquid propane gas (LP gas), and equipment installation shall meet the requirements of NFPA 58 and Annex B of NFPA 96, this chapter, as well as any other applicable standards as determined by the Ithaca Fire Department.
[1] 
LP gas cylinders shall be secured in the upright position and shall not be transported or stored inside the vehicle.
[2] 
The LP gas supply system, including the cylinders, shall be installed either on the outside of the vehicle or in a recess or cabinet that is vaportight to the inside of the vehicle, but accessible from and vented to the outside, with the vents located near the top and bottom of the enclosure and three feet horizontally away from any opening into the vehicle that is below the level of the vents.
[3] 
LP gas cylinders shall be mounted securely on the vehicle or within the enclosing recess or cabinet.
[4] 
If installed on the rear of the food truck, LP gas cylinders shall be installed above the height of the rear bumper, such that the bottom of the tank(s) is at least 46 inches above the ground, and all parts of the tank are forward of the edge of the rear bumper.
[5] 
LP gas cylinders shall not be installed on the roof of the vehicle.
[6] 
A flexible connector shall be installed between the regulator outlet and the fixed piping system to protect against expansion, contraction, jarring and vibration strains.
[7] 
Flexibility shall be provided in the piping between a cylinder and the gas piping system or regulator.
[8] 
Piping used for LP gas shall be listed for use with LP gas.
[9] 
LP gas shall not be used to operate equipment unless such equipment is listed for use with LP gas.
[10] 
There shall be a quarter-turn manual gas ball valve installed within the LP gas piping for emergency shutoff use. Such valve shall be installed on the exterior of the vehicle and readily accessible.
[11] 
Gas-powered appliances shall be equipped with shutoff valves.
[12] 
LP gas systems shall be inspected for leaks prior to each use.
[13] 
A permanent caution plate shall be provided, affixed either to cooking appliances or the vehicle, outside of any enclosure and adjacent to the container(s), and shall contain the following items:
"Caution! Be sure all appliance valves are closed before opening container valve. Connections at the appliances, regulators, and containers shall be checked periodically for leaks with soapy water or its equivalent. Never use a match or flame to check for leaks. Container valves shall be closed when the equipment is not in use."
(b) 
Flammable gas detector. All enclosed food trucks using propane or other flammable gas must be equipped with a flammable gas detector listed for detecting propane or other flammable gases, and must be tested per manufacturer's instructions. Documentation of testing shall be provided to the IFD upon request/inspection.
(c) 
Carbon monoxide alarm. All enclosed food trucks which have a nonelectric heat source and where open flames are used must be equipped with a carbon monoxide alarm listed for detecting carbon monoxide. Carbon monoxide alarms must be tested per manufacturer's instructions. Documentation of testing shall be provided to the IFD upon request/inspection.
(d) 
Portable fire extinguishers. Portable fire extinguishers shall be located in conspicuous locations where they will be readily accessible and immediately available for use. Portable fire extinguishers shall bear a current inspection tag validated within the past 12 months or a receipt of purchase within the past 12 months shall be available for inspection. Portable fire extinguishers shall be provided per NFPA 96 for cooking operations and/or any other applicable standard. A K-type extinguisher shall be provided when vegetable oils and animal oils and fats are used. A minimum of one 2A:10BC portable fire extinguisher shall be provided when a generator or other fuel-fired appliance is used.
(e) 
Egress requirements.
[1] 
Egress paths and doors within the food truck must be unobstructed and available for instant use.
[2] 
Appliances must be arranged such that a fire at any appliance will not block egress from the vehicle.
(f) 
General firesafety.
[1] 
Food trucks shall be parked at least 10 feet from buildings, vehicles or combustibles unless otherwise approved by the Fire Chief or designee.
[2] 
Wheel chocks shall be provided to prevent food trucks from moving.
[3] 
Food trucks shall be parked so as not to block fire hydrants, fire lanes, Fire Department connections, and exits.
[4] 
The inside of any food truck must be clean and free of accumulated grease on interior surfaces.
(5) 
Ventilation system requirements. The following ventilation system requirements shall go into effect for all operating permit applications submitted on or after January 1, 2019, unless these minimum standards are superseded by state or other applicable regulations prior to that date:
(a) 
Food trucks which produce smoke or grease-laden vapors will be required to have a ventilation hood installed per the applicable requirements of the Mechanical Code of New York State.
(b) 
Food trucks which produce steam vapors will be required to have a ventilation hood installed per the applicable requirements of the Mechanical Code of New York State.
(c) 
The hood/ventilation system must be kept clean and free of grease.
(6) 
Hood/suppression system requirements. The following hood/suppression system requirements shall go into effect for all operating permit applications submitted on or after January 1, 2020, unless these minimum standards are superseded by state or other applicable regulations prior to that date:
(a) 
Food trucks with ventilation hoods installed per the requirements of Subsection B(5) shall have a hood fire-suppression system installed per the applicable requirements of the Fire Code of New York State pertaining to alternative fire-suppression systems.
(b) 
The hood fire-suppression system must be maintained per the requirements of the International Fire Code.
(c) 
Upon activation of any fire-extinguishing system for a cooking operation, all sources of fuel and electrical power that produce heat to all equipment requiring protection by that system shall automatically shut off.
(d) 
Shutoff devices shall require manual reset.
C. 
Failure to comply with any of the provisions of this subsection, including inspection requirements, may result in denial of the application for or termination of the operating permit.
[1]
Editor's Note: Former § 181-10, New materials, processes or occupancies, was repealed 4-4-2007 by Ord. No. 2007-3.
[1]
Editor's Note: Former § 181-11, Board of Fire Appeals, as amended, was repealed 10-4-2017 by Ord. No. 2017-13.
[Amended 4-4-2007 by Ord. No. 2007-3]
A. 
The procedure for seeking a variance or appealing any of the provisions of the Fire Code of New York State is governed by 19 NYCRR 1205, titled "Variance Procedures," which procedure is administered by the Secretary of State.
B. 
This subsection shall apply only to those elements of this chapter that are not addressed or otherwise covered by the New York State Uniform Fire Prevention and Building Code. Whenever the Chief of the Fire Department or the Fire Marshal shall refuse to grant an operating permit applied for or when the Chief of the Fire Department or the Fire Marshal shall revoke a duly granted permit for alleged violation of the provisions of this chapter and/or the terms on which the permit was granted or when it is claimed that the provisions of the code do not apply or that the true intent and meaning of the code may have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Chief of the Fire Department or the Fire Marshal to the Building Code Board of Appeals within 30 days from the date of the decision. The Building Code Board of Appeals may affirm, modify or reverse any determination of the Chief of the Fire Department or the Fire Marshal made pursuant to the provisions of this chapter.
[Amended 10-4-2017 by Ord. No. 2017-13]
Fire limits of the City of Ithaca are hereby defined as follows:
A. 
Fire Limits A: those areas of the City which are zoned Industrial I-1 and Business B2-b, CBD-60, CBD-85, CBD-100, CBD140, WEDZ-1a, WEDZ-1b, SW-1, except the northern boundary of fire limits in SW-1 shall be the northerly property lines of parcels 100.-3-1 and 101.-1-1.2, SW-2, SW-3, and WF-1 (a, b, c, and d) in the City of Ithaca Zoning Ordinance (Chapter 325 of this Code).
B. 
Fire Limits B: those areas of the City which are zoned Business B-2a, B-2c, B-2d, B-4 or B-5 in the City of Ithaca Zoning Ordinance (Chapter 325 of this Code).
A. 
Aboveground tanks. The limits referred to in the State Uniform Fire Prevention and Building Code in which storage of flammable liquids in outside aboveground tanks is prohibited are hereby established as follows: all portions of the City not described as the Industrial Zone in the Zoning Ordinance[1] of the City and lying west of the east shore branch of the Lehigh Valley Railroad between Cascadilla Creek on the north and West Clinton Street on the south.
[1]
Ordinance Editor's Note: See Ch. 325, Zoning.
B. 
New bulk plants. The limits referred to in the State Uniform Fire Prevention and Building Code in which new bulk plants for flammable liquids are prohibited are hereby established as follows: all that portion of the City not described as the Industrial Zone in the Zoning Ordinance[2] of the City and lying west of the east shore branch of the Lehigh Valley Railroad between Cascadilla Creek on the north and West Clinton Street on the south.
[2]
Editor's Note: See Ch. 325, Zoning.
The limits referred to in the State Uniform Fire Prevention and Building Code in which bulk storage of liquefied petroleum gas is restricted are hereby established as follows: all that portion of the City not described as the Industrial Zone in the Zoning Ordinance[1] of the City and lying west of the east shore branch of the Lehigh Valley Railroad between Cascadilla Creek on the north and West Clinton Street on the south.
[1]
Editor's Note: See Ch. 325, Zoning.
[Added 4-4-2007 by Ord. No. 2007-3]
A. 
Inspections required. Firesafety and property maintenance inspections of buildings and structures as required by 19 NYCRR 1203 shall be performed by the Chief of the Fire Department or the Chief's Designee at the following intervals:
(1) 
Firesafety and property maintenance inspections of buildings or structures which contain an area of public assembly shall be performed at least once every 12 months as required in § 181-9 by the Fire Department.
(2) 
Firesafety and property maintenance inspections of buildings or structures being occupied as dormitories shall be performed at least once every 12 months.
(a) 
The code enforcement officials of the Building Department shall perform firesafety and property maintenance inspections of dormitories inspected per the requirements of Chapter 210.
(3) 
Firesafety and property maintenance inspections of all multiple dwellings not included in Subsection A(1) or (2) shall be performed at least once every 36 months.
(a) 
The code enforcement officials of the Building Department shall perform firesafety and property maintenance inspections of multiple dwellings inspected per the requirements of Chapter 210.
(b) 
Buildings or structures with mixed occupancies containing residential dwelling units and nonresidential buildings, structures, uses and occupancies shall be inspected by the Fire Department, except those areas of the building or structure inspected per the requirements of Chapter 210 by the Building Department.
(4) 
Firesafety and property maintenance inspections of all nonresidential buildings, structures, uses and occupancies not included in Subsection A(1), (2), or (3) shall be performed at least once every 36 months by the Fire Department.
B. 
Inspections permitted. In addition to the inspections required by § 181-16A, a firesafety and property maintenance inspection of any building, structure, use, or occupancy, or of any dwelling unit, may also be performed by the code enforcement official at any time upon:
(1) 
The request of the owner of the property to be inspected or an authorized agent of such owner;
(2) 
The receipt by the code enforcement official of a written statement alleging that conditions or activities failing to comply with the Uniform Code or Energy Code exist; or
(3) 
The receipt by the code enforcement official of any other information, reasonably believed by the code enforcement official to be reliable, giving rise to reasonable cause to believe that conditions or activities failing to comply with the Uniform Code or Energy Code exist. Nothing in this subdivision shall be construed as permitting an inspection under any circumstances under which a court order or warrant permitting such inspection is required, unless such court order or warrant shall have been obtained.
C. 
Fees
(1) 
The Chief of the Fire Department or the Fire Marshal shall promulgate a fee schedule applicable to inspections required herein. Fees established in the fee schedule shall reasonably reflect the cost of receiving, investigating, processing and issuing each of said inspections.
(2) 
Such schedule and any changes proposed thereto shall be submitted to the Common Council for adoption prior to collection of such fees.
(3) 
The fee schedule shall be posted at the Fire Chief's office and distributed to any interested parties
[Amended 4-4-2007 by Ord. No. 2007-3]
Pursuant to § 506 of the Fire Code of New York State, the regulations pertaining to key boxes shall be as follows:
A. 
A key box for storing building keys shall be obtained and affixed on certain premises as described herein. Such key box shall be as prescribed by the Fire Department and shall be obtained in the manner established by the Fire Department.
B. 
Key boxes shall be required for all new and existing buildings, other than one- or two-family dwellings, that have fire alarm systems.
[Amended 9-6-2017 by Ord. No. 2017-11]
C. 
Key boxes shall be affixed to structures in the manner detailed by the manufacturer and in the location established by the Fire Department.
D. 
The owner of a building required to have a key box shall provide two identical copies of the key or keys required for entry into the building and associated tenant spaces. Keys within the key box shall be replaced at any time the locks of the building or tenant spaces are changed. The owner of the building shall contact the Fire Department to schedule any changes required of the contents of the key box.
[Added 1-2-2019 by Ord. No. 2019-01]
A. 
Definitions. For the purposes of this section:
CONDITION ASSESSMENT
An on-site inspection and evaluation of a parking garage for evidence of deterioration of any structural element or building component of such parking garage, evidence of the existence of any unsafe condition in such parking garage, and evidence indicating that such parking garage is an unsafe structure.
DETERIORATION
The weakening, disintegration, corrosion, rust, or decay of any structural element or building component, or any other loss of effectiveness of a structural element or building component.
PARKING GARAGE
Any building or structure, or part thereof, in which all or any part of any structural level or levels is used for parking or storage of motor vehicles, excluding:
(1) 
Buildings in which the only level used for parking or storage of motor vehicles is on grade;
(2) 
An attached or accessory structure providing parking exclusively for a detached one- or two-family dwelling; and
(3) 
A townhouse unit with attached parking exclusively for such unit.
PROFESSIONAL ENGINEER
An individual who is licensed or otherwise authorized under Article 145 of the Education Law to practice the profession of engineering in the State of New York and who has at least three years of experience performing structural evaluations.
RESPONSIBLE PROFESSIONAL ENGINEER
The professional engineer who performs a condition assessment, or under whose supervision a condition assessment is performed, and who seals and signs the condition assessment report. The use of the term "responsible professional engineer" shall not be construed as limiting the professional responsibility or liability of any professional engineer, or of any other licensed professional, who participates in the preparation of a condition assessment without being the responsible professional engineer for such condition assessment.
UNSAFE CONDITION
Includes the conditions identified as "unsafe" in section 304.1.1, section 305.1.1, and section 306.1.1 of the 2015 edition of the International Property Maintenance Code (or publication currently incorporated by reference in 19 NYCRR Part 1226).
UNSAFE STRUCTURE
A structure that is so damaged, decayed, dilapidated, or structurally unsafe, or is of such faulty construction or unstable foundation, that partial or complete collapse is possible.
B. 
Condition asessments; general requirements. The owner-operator of each parking garage shall cause such parking garage to undergo an initial condition assessment as described in Subsection C, periodic condition assessments as described in Subsection D, and such additional condition assessments as may be required under Subsection E. Each condition assessment shall be conducted by or under the direct supervision of a professional engineer. A written report of each condition assessment shall be prepared, and provided to the Chief of the Fire Department in accordance with the requirements of Subsection F. Before performing a condition assessment (other than the initial condition assessment) of a parking garage, the responsible professional engineer for such condition assessment shall review all available previous condition assessment reports for such parking garage.
C. 
Initial condition assessment. Each parking garage shall undergo an initial condition assessment as follows:
(1) 
New parking garages shall undergo an initial condition assessment following construction and prior to a certificate of occupancy, certificate of compliance, or operating permit being issued for the structure.
(2) 
Existing parking garages shall undergo an initial condition assessment as follows;
(a) 
If originally constructed prior to January 1, 1984, then prior to October 1, 2019:
(b) 
If originally constructed between January 1, 1984 and December 31, 2002, then prior to October 1, 2020; and
(c) 
If originally constructed between January 1, 2003 and the effective date of the rule adding this subdivision to 19 NYCRR section 1203.3, then prior to October 1, 2021.
D. 
Periodic condition assessments. Following the initial condition assessment of a parking garage, such parking garage shall undergo periodic condition assessments at intervals not to exceed three years.
E. 
Additional condition assessments.
(1) 
If the latest condition assessment report for a parking garage includes a recommendation by the responsible professional engineer that an additional condition assessment of such parking garage, or any portion of such parking garage, be performed before the date by which the next periodic condition assessment would be required under Subsection C, the Chief of the Fire Department or their designee shall require the owner or operator of such parking garage to cause such parking garage (or, if applicable, the portion of such parking garage identified by the responsible professional engineer) to undergo an additional condition assessment no later than the date recommended in such condition assessment report.
(2) 
If the Chief of the Fire Department or the Fire Marshal becomes aware of any new or increased deterioration which, in the judgment of the Chief of the Fire Department or Fire Marshal, indicates that an additional condition assessment of the entire parking garage, or of the portion of the parking garage affected by such new or increased deterioration, should be performed before the date by which the next periodic condition assessment would be required under Subsection C, the Chief of the Fire Department or Fire Marshal shall require the owner or operator of such parking garage to cause such parking garage (or, if applicable, the portion of the parking garage affected by such new or increased deterioration) to undergo an additional condition assessment no later than the date determined by the Chief of the Fire Department or Fire Marshal to be appropriate.
F. 
Condition assessment reports. The responsible professional engineer shall prepare, or directly supervise the preparation of, a written report of each condition assessment, and shall submit such condition assessment report to the Chief of the Fire Department within 30 days. Such condition assessment report shall be sealed and signed by the responsible professional engineer, and shall include:
(1) 
An evaluation and description of the extent of deterioration and conditions that cause deterioration that could result in an unsafe condition or unsafe structure;
(2) 
An evaluation and description of the extent of deterioration and conditions that cause deterioration that, in the opinion of the responsible professional engineer, should be remedied immediately to prevent an unsafe condition or unsafe structure;
(3) 
An evaluation and description of the unsafe conditions;
(4) 
An evaluation and description of the problems associated with the deterioration, conditions that cause deterioration, and unsafe conditions;
(5) 
An evaluation and description of the corrective options available, including the recommended timeframe for remedying the deterioration, conditions that cause deterioration, and unsafe conditions;
(6) 
An evaluation and description of the risks associated with not addressing the deterioration, conditions that cause deterioration, and unsafe conditions;
(7) 
The responsible professional engineer's recommendation regarding preventative maintenance;
(8) 
Except in the case of the report of the initial condition assessment, the responsible professional engineer's attestation that he or she reviewed all previously prepared condition assessment reports available for such parking garage, and considered the information in the previously prepared reports while performing the current condition assessment and while preparing the current report; and
(9) 
The responsible professional engineer's recommendation regarding the time within which the next condition assessment of the parking garage or portion thereof should be performed. In making the recommendation regarding the time within which the next condition assessment of the parking garage or portion thereof should be performed, the responsible professional engineer shall consider the parking garage's age, maintenance history, structural condition, construction materials, frequency and intensity of use, location, exposure to the elements, and any other factors deemed relevant by the responsible professional engineer in his or her professional judgment.
G. 
Review condition assessment reports.
(1) 
The Chief of the Fire Department or Fire Marshal shall take such enforcement action or actions in response to the information in such condition assessment report as may be necessary or appropriate to protect the public from the hazards that may result from the conditions described in such report. In particular, but not by way of limitation, the Chief of the Fire Department or Fire Marshal shall, by order to remedy or such other means of enforcement as the Chief of the Fire Department or Fire Marshal may deem appropriate, require the owner or operator of the parking garage to repair or otherwise remedy all deterioration, all conditions that cause deterioration, and all unsafe conditions identified in such condition assessment report pursuant to Subsection F(2) and (3).
(2) 
The Chief of the Fire Department shall forward all condition assessment reports and other pertinent information that may indicate an unsafe building or structure to the Director of Planning and Development.
(3) 
The Director of Planning and Development or designee shall take such enforcement action or actions in response to the information in such condition assessment report as may be necessary or appropriate to protect the public from an unsafe structure. In particular, but not by way of limitation, the Director of Planning and Development or designee shall, by order of remedy or such other means of enforcement, require the owner or operator of the parking garage to limit or prohibit occupancy of an unsafe parking garage.
(4) 
All repairs and remedies shall comply with the applicable provisions of the Uniform Code and the Code of the City of Ithaca, including but not limited to the provisions of City Code, § 146-5, Building permits.
(5) 
This section shall not limit or impair the right of the Chief of the Fire Department to take any other enforcement action, including but not limited to suspension or revocation of a parking garage's operating permit, as may be necessary or appropriate in response to the information in a condition assessment report.
(6) 
This section shall not limit or impair the right of the Director of Planning and Development or their designee to take any other enforcement action or actions related to an unsafe structure as regulated under Chapter 146 of the City Code.
H. 
The City of Ithaca shall retain all condition assessment reports for the life of the parking garage. Upon request by a professional engineer who has been engaged to perform a condition assessment of a parking garage, and who provides the lthaca Fire Department with a written statement attesting to the fact that he or she has been so engaged, the City of Ithaca shall make the previously prepared condition assessment reports for such parking garage (or copies of such reports) available to such professional engineer. The City of Ithaca shall be permitted to require the owner or operator of the subject parking garage to pay all costs and expenses associated with making such previously prepared condition assessment reports (or copies thereof) available to the professional engineer.
I. 
This section shall not limit or impair the right or the obligation of the City of Ithaca:
(1) 
To perform such construction inspections as are required by § 146-6, Construction inspections;
(2) 
To perform such periodic fire safety and property maintenance inspections as are required by § 181-16 of this chapter, entitled "Fire safety and property maintenance inspections;" and
(3) 
To take such enforcement action or actions as may be necessary or appropriate to respond to any condition that comes to the attention of the Chief of the Fire Department by means of its own inspections or observations, by means of a complaint, or by any other means other than a condition assessment or a report of a condition assessment.
All costs incurred by the City of Ithaca as a result of operations of its respective departments in mitigating and/or recovering from a hazardous material spill, discharge, release or other eventuality requiring response and action by the City shall be recoverable by the City of Ithaca. Such costs shall be recoverable from the owner, agent, shipper or other party having responsibility for the material(s) causing the hazardous situation. For the purposes of this section, "hazardous materials" shall have the meaning provided for in the Uniform Fire Prevention and Building Code.
[1]
Editor's Note: See also Ch. 201, Hazardous or Radioactive Materials.
A. 
The owner and/or manager of any nonresidential premises using an unattended guard dog to provide security shall register with both the Police and Fire Departments. Such registration shall include the number and breed of dog(s) in use, the days and times such dog(s) is (are) unattended on the premises and the name(s) of the owner(s) and/or handler(s) and methods of contacting them. Additionally, the registration shall include a floor plan of the premises with dog patrol areas designated.
B. 
The owner/manager of such premises shall file a release that shall indemnify the City of Ithaca from liability for harm or damage to the dog(s) or the premises caused by any act or omission on the part of the Police or Fire Department as a result of the presence of guard dogs on the premises.
C. 
The owner/manager of such premises shall notify the Police and Fire Departments at such time as a guard dog(s) is (are) no longer employed at and is (are) removed from those premises.
[Amended 4-4-2007 by Ord. No. 2007-3]
A. 
Installation requirements.
(1) 
Fire alarm and detection systems shall be installed as per the requirements of the Uniform Fire Prevention and Building Code.
(2) 
Fire alarm and detection systems shall be installed by or under the direct supervision of licensed electricians licensed by the City of Ithaca or by those demonstrating equivalent license reciprocity as provided for in this code.
(3) 
The City Electrical Inspector shall, upon application by the installing electrician or the owner of the premises, make the rough-in inspection of such system as has been installed to ensure compliance with the provisions of the National Electrical Code (NFPA 70), the edition referenced in the Fire Code of New York State, as it applies to said system.
(4) 
The Fire Department shall, upon application by the installing electrician or the owner of the premises, make the rough-in inspection of such system as has been installed to ensure compliance with the provisions of the Uniform Code of New York State.
(5) 
Following complete testing of the system by the installer, the installer shall cause a certification of system installation and operation to be executed prior to the Fire Department making observations of acceptance testing. This certification shall be made on forms provided by the Fire Department.
(6) 
The Fire Department shall observe acceptance testing per the provisions of the Uniform Code of New York State.
B. 
System design.
(1) 
All fire alarm and/or detection systems shall be provided with adequate zone reporting capacity to ensure rapid and efficient location of the source of the alarm by the Fire Department. During plan review, the Fire Department shall specify zone reporting assignments for the proposed system.
(2) 
Fire alarm and/or detection system control panels shall be capable of isolating each zone from the panel so that defective or impaired devices or systems causing alarms may be isolated and repaired without requiring the remainder of the system to be shut down.
(3) 
Required Fire Department interconnects shall be provided by connection to the municipal alarm system by installation of a radio transmitter alarm system or, for the purpose of compliance with Chapter 210, Housing Standards, by installation of a listed digital alarm communicator transmitter approved by the Fire Department. All other Fire Department interconnects must be approved by the Fire Department prior to installation.
C. 
System operation.
(1) 
Should a fire alarm/detection system cause numerous false alarms in such a way that the safety of the occupants, fire fighters or any other persons or property is imperiled, the Fire Chief is hereby empowered to order disconnection of such alarm system until such time as the problem is resolved. During such time when any required system is disconnected, alternate protection shall be provided, as specified by the Fire Chief, or the building shall be vacated.
(2) 
The owner/operator of any premises with a required fire alarm/detection system must notify the Fire Department whenever the system must be made inoperative for maintenance or repair. The Fire Department must be renotified when the system is restored. In no event is a required system permitted to be rendered inoperative without alternative means of protection, acceptable to the Fire Department, being provided.
[Amended 4-4-2007 by Ord. No. 2007-3]
A. 
There shall be three categories of penalties for violations of the Municipal Fire Prevention Code or for violations within the City of Ithaca of those portions of the New York State Uniform Fire Prevention and Building Code which pertain to firesafety or fire prevention. The categories shall be:
(1) 
Violation with discretionary fines. Any person who shall violate any provision of the Uniform Code of New York State shall be guilty of a violation as defined in Article 10 of the Penal Law. The maximum penalty shall be a fine of $500 for each section of the code which is violated and for each day on which the violation exists. Each day on which a person continues to violate said code is considered a separate violation.
(2) 
Violation with mandatory fine. Any person who shall violate or fail to comply with any order of the Fire Chief or the designated Fire Code enforcement officer shall be guilty of a violation as defined in Article 10 of the Penal Law, punishable by a fine of not less than $250 for each day on which the violation exists and not more than $1,000 for each day on which the violation exists or a sentence of imprisonment not to exceed 30 days. Each day on which a person continues to violate said order is considered a separate violation.
(3) 
Misdemeanors. If injury occurs to any person or to property as the result of any violation of any provision of the Fire Code of New York State or of any provision of this chapter, the person who violated the provisions shall be guilty of a misdemeanor, punishable by a fine of not less than $500 and not more than $1,000 for each separate violation of the code and for each day on which the violation exists and further punishable by imprisonment for not more than one year. Each day on which a person continues to violate the code is considered a separate violation.
B. 
The imposition of a penalty for any violation of the fire codes shall not excuse the violation or permit it to continue, nor shall the imposition of a penalty prevent the enforced removal of prohibited conditions.
[Amended 5-4-2005 by L.L. No. 1-2005]
The Chief of the Fire Department, the Deputy Chief, and other Fire Department personnel designated by the Chief of the Fire Department shall have the authority, as provided by Municipal Home Rule Law § 10(4)(a), to issue appearance tickets, in accordance with Article 150 of the New York State Criminal Procedure Law, to enforce any statute, local law, or ordinance, rule, or regulation with regard to fire prevention and/or safety and shall also have the authority to issue appearance tickets for any parking violations related to fire prevention, public health and/or safety.