It is the intent of this code to prescribe regulations
consistent with nationally recognized standard practice for the safeguarding,
to a reasonable degree, of life and property from the hazards of fire
and explosion arising from the storage, handling and use of hazardous
substances, materials and devices and from conditions hazardous to
life or property in the use or occupancy of buildings or premises.
Compliance with the standards of the Uniform Code shall be deemed
to be compliance herewith.
The provisions of this code shall apply equally
to new and existing conditions, as regulated under the Uniform Code.
The Fire Inspector, the Chief of the Fire Department,
the Chief of the Bureau of Fire Prevention or any inspector thereof
may, at all reasonable hours, enter any building or premises within
his jurisdiction for the purpose of making any inspection or investigation
which, under the provisions of this code, he or they may deem necessary
to be made.
A.
Inspections required. Firesafety and property maintenance
inspections of buildings and structures shall be performed by the
Building Inspector or an inspector designated by the Building Inspector
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.
(2)
Firesafety and property maintenance inspections of
buildings or structures being occupied as dormitories shall be performed
at least once every 12 months.
(3)
Firesafety and property maintenance inspections of all multiple dwellings not included in Subsection A(1) or (2) of this section, and all nonresidential buildings, structures, uses and occupancies not included in Subsection A(1) or (2) of this section, shall be performed at least once every 36 months.
B.
Inspections permitted. In addition to the inspections required by Subsection A of this section, a firesafety and property maintenance inspection of any building, structure, use, or occupancy, or of any dwelling unit, may also be performed by the Building Inspector or an inspector designated by the Building Inspector at any time upon the request of the owner of the property to be inspected or an authorized agent of such owner; receipt by the Building Inspector of a written statement alleging that conditions or activities failing to comply with the Uniform Code or Energy Code exist; or receipt by the Building Inspector of any other information, reasonably believed by the Building Inspector 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; provided, however, that 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.
OFPC inspections. Nothing in this section or in any
other provision of this chapter shall supersede, limit or impair the
powers, duties and responsibilities of the New York State Office of
Fire Prevention and Control ("OFPC") and the New York State Fire Administrator
under Executive Law § 156-e and Education Law § 807-b.
D.
Fee. The applicant shall pay all fees as set forth
by resolution of the Board of Trustees in the Master Fee Schedule,
which may be amended from time to time. This subsection shall not
apply to inspections performed by OFPC.
A.
The Fire Inspector or Fire Chief shall make such orders
as may be necessary for the enforcement of the laws and ordinances
governing the hazards inspected and for safeguarding of life and property
from fire. Whenever he shall find in any building or upon any premises
combustible or explosive matter or dangerous accumulations of rubbish
or unnecessary accumulation of wastepaper, boxes, shavings or any
highly flammable materials, and which is so situated as to endanger
property or the occupants thereof, or shall find obstructions to or
on fire escapes, stairs, passageways, doors or windows liable to interfere
with the operations of the Fire Department or egress of occupants
in case of fire, he shall order the same to be removed or remedied.
Whenever he shall find any building or other structure which, for
want of repairs, lack of sufficient fire escapes, automatic or other
fire alarm apparatus or fire-extinguishing equipment, or by reason
of age or dilapidated condition, or from any other cause, is especially
liable to fire, and which is so situated as to endanger other property
or the occupants thereof, he shall order such dangerous conditions
or materials to be removed or remedied.
B.
Any order authorized herein shall be given verbally
at the time of inspection, by the member of the Fire Department making
such inspection, to any person of suitable age and discretion apparently
in charge of the premises. If no person shall be found in charge of
the premises or the verbal order is not complied with within a reasonable
time, or whenever the Fire Inspector or Fire Chief deems it advisable
to serve an immediate written order, a written copy of the order,
signed by the Fire Inspector or Fire Chief, shall be delivered to
the owner, lessee, if any, and person apparently in charge of the
premises. If the owner, lessee or person in charge of the premises
cannot be found, a copy of the order shall be affixed in a conspicuous
place at the entrance to said premises. Any order authorized herein
shall forthwith be complied with by the owner or occupant of such
premises or building.
C.
The Fire Inspector or the Fire Chief may require any
building or premises which, in his opinion, is inadequately protected
against fire perils to be vacated, and may require any equipment or
appliance causing such condition to be condemned and removed.
[Added 4-14-2008 by L.L. No. 2-2008]
A.
Building access. All buildings, except buildings used
solely for residential purposes, constructed after the effective date
of this chapter, shall provide a master lock box, of a type and at
a location approved by the Bureau of Fire Prevention, permitting emergency
access to the building. Where a building permit has been issued for
remodeling, alterations or repairs exceeding $5,000 in value of any
existing building, except buildings used solely for residential purposes,
the owner shall install a master lock box of a type and at a location
approved by the Fire Chief. No certificate of occupancy or certificate
of compliance may be issued for any building subject to the provisions
of this section until the Fire Chief has accepted, and the Building
Inspector has approved, the installation.
B.
Each lock box installed pursuant to this section shall
contain a master key or keys permitting access to the entire premises
as well as a key, if any, to any fire alarm control device and elevator.
Where any business uses, handles, stores, sells or manufactures any
hazardous substances or materials subject to state or federal regulation,
the lock box must also contain the material safety data sheet as required
by 42 U.S.C. § 11021 for each hazardous substance or material
present at the premises.
[Added 4-14-2008 by L.L. No. 2-2008]
A.
It shall be the responsibility of all persons who
own buildings and structures classified as Group A, B, E, F, H, I,
M, or S occupancy, and in hotels and motels classified as Group R-1
or R-2 occupancy, in accordance with the provisions for the classification
of buildings set forth in Chapter 3 of the Building Code of New York
State (See 19 NYCRR Part 1221.) that utilize truss-type construction
are marked by a sign or symbol that informs persons conducting fire
control and other emergency operations of the existence of truss-construction
in accordance with 19 NYCRR Part 1264.
B.
Provisions not retroactive. The provisions of this chapter, except § 109-70.2C, are not retroactive. Any structure shall be required to comply with the applicable code as of the date of its construction unless any subsequent alteration or addition is performed to an existing structure. Alterations or additions are subject to the New York State Uniform Fire Prevention and Building Code.
C.
Within one year after the effective date of this chapter,
all structures existing on, before or after the effective date of
this chapter shall be provided with a sign or signs in accordance
with the provisions of 19 NYCRR Part 1264.
