[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.
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.
[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; 4-3-2019 by Ord. No. 2019-09; 12-7-2022 by Ord. No. 2022-07]
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 New York State Uniform Fire Prevention
and Building Code (the Uniform Code), adopted pursuant to Article
18 of the Executive Law, including 19 NYCRR Part 1225 (Fire Prevention),
19 NYCRR Part 1226 (Property Maintenance) and 19 NYCRR Part 1229 (Other
Uniform Code Provisions).
[Amended 4-4-2007 by Ord. No. 2007-3; 11-3-2021 by Ord. No. 2021-09; 12-7-2022 by Ord. No. 2022-07]
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 19 NYCRR Part 1225 (Fire Prevention), 19 NYCRR Part 1226 (Property
Maintenance), and 19 NYCRR Part 1229 (Other Uniform Code Provisions),
along with the publications incorporated therein by reference, 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; 9-6-2017 by Ord. No.
2017-11; 1-2-2019 by Ord. No. 2019-01; 4-3-2019 by Ord. No. 2019-09; 12-7-2022 by Ord. No. 2022-07]
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 Marshal 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)
Operating permits required by 19 NYCRR Part 1225, Fire Code of New
York State, or 19 NYCRR Part 1203, Uniform Code: Minimum Standards
for Administration and Enforcement, including any and all operating
permits described therein whether or not otherwise required by this
section.
(2)
Explosives and fireworks. Permits shall be required for possessing,
manufacturing, storing, handling, selling, or using explosives, fireworks,
or other pyrotechnic special effects materials, except the outdoor
use of sparkling devices as defined by Penal Law Article 270, and
regulated by 19 Part NYCRR Part 1225, Fire Code of New York State,
Chapter 56.
(a)
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 may only 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
and at least 30 days in advance of the date of the display. No permit
granted shall be transferable.
(d)
An operating permit for the use or storage of explosives shall
be valid for a period not to exceed one year. An application for renewal
must be made prior to the expiration of the current permit.
(e)
An operating permit for the use or storage of fireworks for
public display shall be valid for a period not to exceed one month.
An application for renewal must be made prior to the expiration of
the current permit.
(3)
Pyrotechnic displays and devices inside buildings. A permit shall
be obtained for the use of pyrotechnic devices in areas of public
assembly, or in mercantile, business, industrial, or storage occupancies.
The permit shall be valid for a period not to exceed 30 days, 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 inside any
building.
(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 the applicable Maximum Allowable Quantity tables provided in 19 NYCRR Part 1225, Fire Code of New York State, Chapter 50.
(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 procedures for safety to persons
and property.
(c)
An operating permit shall be required for facilities that store,
handle, or use hazardous production materials;
[1]
"Hazardous production materials" shall mean a solid, liquid,
or gas associated with semiconductor manufacturing that has a degree-of-hazard
rating in health, flammability, or instability of Class 3 or 4, as
ranked by NFPA 704 (Standard Systems for Identification of the Hazards
of Materials for Emergency Response), and which is used directly in
research, laboratory, or production processes which have, as their
end product, materials that are not hazardous.
(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.
[d]
A hazardous materials inventory report for any
building with a research or teaching laboratory containing hazardous
materials.
[e]
A hazardous materials inventory report for any
industrial facility using, storing, or producing hazardous materials.
[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.
(e)
An operating permit for hazardous materials shall be valid for
a period not to exceed one year. An application for renewal must be
made prior to the expiration of the current permit.
(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 1,000 gallons'
water capacity used for refilling other gas cylinders.
[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.
[3]
Each temporary installation of liquefied petroleum gas, irrespective
of the size of the containers, for the purpose of providing temporary
heat for buildings or other structures under construction.
[4]
Each temporary installation of liquefied petroleum gas, irrespective
of the size of the containers, for the purpose of providing temporary
heat at an outdoor public gathering.
(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.
(d)
An operating permit for temporary installations of liquid petroleum
gases shall be valid for a period not to exceed one year. An application
for renewal must be made prior to the expiration of the current permit.
(6)
Lumberyards and woodworking plants. An operating permit shall be
required for the storage of lumber exceeding 100,000 board feet.
(a)
An operating permit for lumberyards and woodworking plants shall
be valid for a period not to exceed one year. An application for renewal
must be made prior to the expiration of the current permit.
(7)
Combustible dust-producing operations. An operating permit shall
be required for facilities where the operation produces combustible
dust regulated by 19 NYCRR Part 1225, Fire Code of New York State,
Chapter 22.
(a)
An operating permit for combustible-dust-producing operations
shall be valid for a period not to exceed one year. An application
for renewal must be made prior to the expiration of the current permit.
(8)
Flammable finishes. An operating permit shall be required for operations
utilizing flammable or combustible liquids or the application of combustible
powders regulated by 19 NYCRR Part 1225, Fire Code of New York State,
Chapter 24.
(a)
An operating permit for flammable finishes shall be valid for
a period not to exceed one year. An application for renewal must be
made prior to the expiration of the current permit.
(9)
Fruit and crop ripening. An operating permit shall be required for
operating a fruit or crop ripening facility or conducting a fruit-ripening
process using ethylene gas regulated by 19 NYCRR Part 1225, Fire Code
of New York State, Chapter 25.
(a)
An operating permit for fruit and crop ripening shall be valid
for a period not to exceed one year. An application for renewal must
be made prior to the expiration of the current permit.
(10)
Fumigation and insecticidal fogging. An operating permit shall
be required for conducting fumigation or insecticidal fogging operations
in buildings, structures, and spaces, except for fumigation or insecticidal
fogging performed by the occupant of a detached one-family dwelling,
regulated by 19 NYCRR Part 1225, Fire Code of New York State, Chapter
26.
(a)
An operating permit for fumigation and insecticidal fogging
shall be valid for a period not to exceed one year. An application
for renewal must be made prior to the expiration of the current permit.
(11)
Tents, temporary special event structures, and other membrane
structures. An operating permit shall be required for operating an
air-supported temporary membrane structure, a temporary special event
structure, or a tent where approval is required pursuant to 19 NYCRR
Part 1225, Fire Code of New York State, Chapter 31.
(a)
Any such operating permit shall be valid for a period not to
exceed 180 days, and shall remain in effect until it expires or is
reissued, renewed, or revoked.
(b)
An operating permit shall not be required under this subsection where a tent, temporary special event structure or other membrane structure is issued an appropriate permit, certificate of occupancy, and/or certificate of compliance by the Building Division pursuant to Chapter 146 and/or Chapter 210 of the Ithaca City Code.
(12)
High-piled combustible storage. An operating permit shall be
required for high-piled combustible storage facilities with more than
500 square feet (including aisles) of high-piled storage regulated
by 19 NYCRR Part 1225, Fire Code of New York State, Chapter 32.
(a)
An operating permit for high-piled combustible storage shall
be valid for a period not to exceed one year. An application for renewal
must be made prior to the expiration of the current permit.
(13)
Tire rebuilding and tire storage. An operating permit shall
be required for operating a facility that stores in excess of 2,500
cubic feet of scrap tires or tire byproducts or operating a tire rebuilding
plant regulated by 19 NYCRR Part 1225, Fire Code of New York State,
Chapter 34.
(a)
An operating permit for tire rebuilding and tire storage shall
be valid for a period not to exceed one year. An application for renewal
must be made prior to the expiration of the current permit.
(14)
Open flame. An operating permit shall be required for removing
paint with a torch, or using open flames, fire, and burning in connection
with assembly occupancies or educational occupancies regulated by
19 NYCRR Part 1225, Fire Code of New York State, Section 308.
(a)
An operating permit for open flame shall be valid for a period
not to exceed one year. An application for renewal must be made prior
to the expiration of the current permit.
(15)
Open burning, recreational fires and portable outdoor fireplaces.
An operating permit shall be required for conducting open burning
regulated by 19 NYCRR Part 1225, Fire Code of New York State, Section
307. No person shall kindle or maintain any bonfire, recreational
fire, or outdoor fireplace, or authorize any such fire to be kindled
or maintained without an operating permit or other proper authorization.
No permit shall be issued for and no open burning of trash, rubbish,
construction materials, or demolition waste shall be allowed in the
City of Ithaca.
(a)
This subsection shall not apply to portable outdoor fireplaces
used at one- and two-family dwellings.
(b)
An operating permit for recreational fires using approved portable
or approved permanently installed outdoor fireplaces shall be valid
for a period not to exceed one year. An application for renewal must
be made prior to the expiration of the current permit.
(c)
An operating permit for open recreational fires not contained
in an approved fireplace shall be valid for a period not to exceed
one day. An application for renewal must be made prior to the expiration
of the current permit.
(16)
Energy storage systems. An operating permit shall be required
for energy storage systems, where the system exceeds the values shown
in Table 1206.1 of 19 NYCRR Part 1225, Fire Code of New York State,
or exceeds the permitted aggregate ratings in Section R327.5 of 19
NYCRR Part 1220, Residential Code of New York State.
(a)
An operating permit for energy storage systems shall be valid
for a period not to exceed one year. An application for renewal must
be made prior to the expiration of the current permit.
(17)
Sugarhouse alternative activity provisions. An operating permit
is required for sugarhouse alternative activity provisions as regulated
by Chapter 40 of 19 NYCRR Part 1225, Fire Code of New York State.
(a)
Any such operating permit shall be valid for a period not to
exceed 60 days, and shall remain in effect until it expires or is
reissued, renewed, or revoked.
(18)
Storage of readily combustible materials. An operating permit
shall be required to 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.
(a)
Storage requirements. Storage of readily combustible materials
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 egress 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.
(b)
An operating permit for readily combustible materials 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.
(19)
Hot work. An operating permit is required for welding or other hot work regulated by 19 NYCRR 1255, Fire Code of New York State, Chapter 35. This includes operations such as cutting, welding, thermal welding, brazing, soldering, grinding, thermal spraying, thawing pipe, installation of torch-applied roof systems, use of calcium carbide systems, use of acetylene generators, or any other similar activity.
(a)
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(19)(b). 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.
(c)
Application for an operating permit required by this article
shall be made by the company, corporation, co-partnership or owner/operator
performing the welding or cutting operation or by his/her duly authorized
agent.
(d)
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.
(e)
Companies, corporations, partnerships 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.
(f)
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.
(g)
An operating permit for welding or other hot work 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.
(20)
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.
(d)
An operating permit for asphalt kettles shall be effective for
a period not to exceed 90 days. An application for renewal must be
made prior to the expiration of the current permit.
(21)
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
valid 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(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. An estimate of these costs shall be provided to the applicant upon preliminary approval of the application for said permit.
(22)
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(22)(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.
(f)
An operating permit for Fire Protection Installation shall be
valid for a period not to exceed the duration of the building permit
issued for the building. An application for renewal must be made prior
to the expiration of the current permit.
(23)
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(23)(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)
The installation or repair of elevators and other conveyances
shall be performed by persons qualified and licensed by the New York
State Department of Labor for the specific type of work performed.
(d)
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.
(e)
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(23)(g) 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.
(f)
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.
(g)
Qualified elevator inspector (QEI). Elevator inspectors shall
be required to possess a current elevator inspection contractor license
issued by the NYS Department of Labor to be considered a QEI.
(h)
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.
(i)
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.
(j)
Frequency of inspection and testing. The frequency of inspection
and testing is determined by the New York State Uniform Fire Prevention
and Building Code.
(k)
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 fire safety and property maintenance inspection as required by § 181-16.
(l)
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.
(m)
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.
(24)
Food trucks and other mobile or temporary cooking operations.
(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 § 181-10 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.
(25)
Parking garages as defined in § 181-18A.
(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:
(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 parking garage shall be valid for a
period not to exceed one-year. 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.
(26)
Outdoor assembly events.
(a)
In accordance with 19 NYCRR Part 1225, Fire Code of New York
State, an operating permit shall be required for an outdoor assembly
event where the Fire Chief or Fire Marshal determines that an outdoor
gathering of persons has an adverse impact on public safety through
diminished access to buildings, structures, fire hydrants, and/or
fire access roads, or where such gatherings adversely affect public
safety services of any kind.
[1]
An operating permit shall not be required under this subsection for outdoor assembly events of fewer than 1,000 persons or for gatherings of people exclusively under a temporary structure that has been issued an appropriate permit, certificate of occupancy, and/or certificate of compliance by the Building Division pursuant to Chapter 146 and/or Chapter 210 of the Ithaca City Code, as applicable.
(b)
The event organizers shall submit an application for review
by the Chief of the Fire Department or the Fire Marshal prior to the
issuance of any permit under this subsection. This permit application
is separate from, and shall be required in addition to, any building
permit application, City of Ithaca special events application, Department
of Health permit application, or any other permit or other application
that may be required for the type of event proposed.
(c)
Upon application for an operating permit, the Chief of the Fire
Department or the Fire Marshal shall have the authority to order the
development of or to prescribe a public safety plan that provides
an appropriate level of public safety, to be determined by the Chief
of the Fire Department or Fire Marshal in their sole discretion.
(d)
Prior to the issuance of an operating permit, the Chief of the
Fire Department or the Fire Marshal shall review the permit application
along with any associated building permits and Health Department permits
to ensure compliance with applicable City and state codes, rules,
and regulations.
(e)
An operating permit for an outdoor assembly event shall be effective
for a period not to exceed one year for a designated location. Operating
permits for outdoor assembly events are not transferrable to alternate
locations, events, or organizers. An application for renewal must
be made prior to the expiration of the current permit.
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)
Permit fees do not include fees for inspections or safety plan review
in excess of one hour. Fire safety, operations, and fire protection
system plan review in excess of one hour will be charged to the applicant
at an hourly rate promulgated by the Chief of the Fire Department,
subject to approval by Common Council.
(3)
The schedule of fees and any changes to fees proposed thereto shall
be submitted to the Common Council for adoption prior to collection
of such fees.
(4)
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.
(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).
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.
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.
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.
[Added 4-4-2007 by Ord. No. 2007-3;
amended 12-7-2022 by Ord. No. 2022-07]
A.
Inspections required. Fire safety and property maintenance inspections
of buildings and structures as required by 19 NYCRR Part 1203 shall
be performed by the Chief of the Fire Department or the Chief's
Designee at the following intervals:
(1)
Fire safety 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)
Fire safety and property maintenance inspections of public and private
schools and colleges, including any buildings of such schools or colleges
containing classrooms, dormitories, fraternities, sororities, laboratories,
physical education, dining, or recreational facilities shall be performed
at least once every 12 months.
(3)
Fire safety 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 fire safety 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.
(5)
Remote inspections. At the discretion of the Chief of the Fire Department
or the Fire Marshal, a remote inspection by a Fire Inspector may be
performed in lieu of an in-person inspection when, in the opinion
of the Fire Marshal or such authorized Fire Inspector, the remote
inspection can be performed to the same level and quality as an in-person
inspection and the remote inspection shows to the satisfaction of
the Fire Marshal or such authorized Fire Inspector that the premises
conform with the applicable provisions of 19 NYCRR Part 1225 and the
publications incorporated therein by reference and the applicable
provisions of 19 NYCRR Part 1226 and the publications incorporated
therein by reference. Should a remote inspection not afford the Fire
Marshal or such authorized Fire Inspector sufficient information to
make a determination, an in-person inspection shall be performed.
B.
Inspections permitted. In addition to the inspections required by § 181-16A, a fire safety 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 Subsection 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.
CONDITION ASSESSMENT
DETERIORATION
PARKING GARAGE
PROFESSIONAL ENGINEER
RESPONSIBLE PROFESSIONAL ENGINEER
UNSAFE CONDITION
UNSAFE STRUCTURE
Definitions. For the purposes of this section:
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.
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.
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:
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.
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.
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).
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.
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:
(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.
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.
