The Fire Code of New York State provides the
basic standards for properties in Town. The following sections shall
supplant the Fire Code of New York State to provide even higher standards.
Whenever the Inspector shall find in any building or upon any premises
dangerous or hazardous conditions or materials as follows, he/she
shall order such dangerous conditions or materials to be removed or
remedied in such manner as may be specified by the Inspector.
A.
Dangerous or unlawful amount of combustible or explosive
or otherwise hazardous materials.
B.
Hazardous conditions arising from defective or improperly
installed equipment for handling or using combustible or explosive
or otherwise hazardous materials.
C.
Dangerous accumulations of rubbish, wastepaper, boxes,
shavings or other highly combustible materials.
D.
Accumulations of dust or waste materials in air-conditioning
or ventilating systems or of grease in kitchen or other exhaust ducts
or inadequate clearances to unprotected combustible material from
hoods, grease extractors and ducts.
E.
Obstructions to or on fire escapes, designated access
openings in exterior walls for Fire Department use, stairs, passageways,
doors or windows, liable to interfere with the operations of the Fire
Department or egress or occupants in case of fire.
A.
Fire lanes shall be provided for all buildings that
are set back more than 150 feet (46 meters) from a public road or
exceed 30 feet (nine meters) in height and are set back more than
50 feet (15 meters) from a public road.
B.
Fire lanes shall not be less than 20 feet (six meters)
of unobstructed width, able to withstand live loads of fire apparatus
and have a minimum of 13 feet six inches (4.1 meters) of vertical
clearance. An approved turnaround for fire apparatus shall be provided
where an access road is a dead end and is in excess of 150 feet (46
meters) in length. The turnaround shall have a minimum center-line
radius of 50 feet (15 meters). The grade, surface and location of
the fire lane shall be approved by the Inspector.
C.
Where a bridge is required to be used as access, it
shall be constructed and maintained using design live loading sufficient
to carry the imposed loads of the fire district apparatus. Where an
elevated surface is used as access, that portion utilized by fire
apparatus shall be constructed and maintained to accommodate the fire
district fire apparatus.
D.
Fire lanes shall be marked with freestanding signs
reading "NO STOPPING" and marked curbs, sidewalks or other traffic
surfaces that have the words "FIRE LANE-NO PARKING" painted in contrasting
colors (red letters on white background) along with diagonal white
stripes four inches in width and set six inches apart with an inclination
of 45° to the fire lane. Marking shall be approved by the Inspector.
A.
A permit shall constitute permission to maintain,
store or handle materials, or to conduct processes, which produce
conditions hazardous to life or property, or to install equipment
used in connection with such activities. Such permit does not take
the place of any license required by law. It shall not be transferable,
and any change in use or occupancy of premises shall require a new
permit.
B.
Before a permit may be issued the Inspector shall
inspect and approve the receptacles, vehicles, buildings or storage
places to be used.
C.
All applications for a permit required by local law
shall be made to the Town of Cheektowaga in such form and detail as
it shall prescribe. Applications for permits shall be accompanied
by such plans and specifications as required by the Inspector.
D.
Permits shall be at all times kept on the premises
designated therein and at all times be subject to inspection by any
officer of the Fire or Police Departments or the Inspector.
E.
One permit only shall be required by establishments
dealing in or using two or more flammable, combustible or explosive
materials to be kept in the establishment at any one time, but each
of the materials shall be listed on the permit.
F.
The permit shall be valid for a period of one year
from the date of issuance after the applicable fee, established by
the Town Board, is paid.
The Inspector may revoke a permit if any violation
of the Fire Code of New York State is found upon inspection or in
the case there has been any false statement or misrepresentation as
to a material fact in the application or plans on which the permit
or approval was based.
A fire code permit shall be required for the
following:
A.
Conducting or maintaining a tire recapping/rebuilding
plant.
B.
Conducting or maintaining any motor vehicle wrecking
yard, junkyard or waste material handling plant.
C.
Bowling pin refinishing and bowling lane resurfacing
operations involving the use and application of flammable or combustible
liquids or materials.
D.
Storage, keeping or having on hand more than 25 pounds
(for 35 millimeter film, 5,000 linear feet) of nitrate motion-picture
film. No person shall sell, lease or otherwise dispose of any nitrate
motion-picture film to any person not having a permit.
E.
Storage, handling, using or displaying more than 25
pounds of cellulose nitrate plastic (pyroxylin).
F.
Storage and handling of combustible fibers in quantities
in excess of 100 cubic feet.
G.
Storage, handling or use at normal gas temperature
and pressure of more than 2,000 cubic feet of flammable compressed
gas or 6,000 cubic feet of nonflammable compressed gas.
H.
Engaging in the business of dry cleaning. No change
shall be made in the solvent used in the equipment to a solvent in
a more hazardous class unless permission for such change shall first
have been obtained from the Inspector.
I.
Operating of any grain elevator, flour, starch or
feed mill or plant pulverizing aluminum, coal, cocoa, plastics, magnesium,
spices, sugar or other material producing dust.
J.
Possessing, storing, selling or otherwise disposing
of explosives or blasting agents; to transport explosives or blasting
agents; to use explosives or blasting agents; to operate a terminal
for handling explosives or blasting agents; to deliver or receive
explosives or blasting agents from a carrier at a terminal between
the hours of sunrise and sunset.
(1)
The manufacturing of fireworks, explosives or blasting
agents shall be prohibited within the Town of Cheektowaga.
(2)
It shall be unlawful for any person to store, to offer
for sale, expose for sale, sell at retail, or use or explode any fireworks.
(3)
The Inspector may adopt reasonable rules and regulations
for the granting of permits for supervised public displays of fireworks
by fairs, associations, amusement parks and other organizations or
groups of individuals. Such permits may be granted upon application
to the Inspector after approval of the Chief of Police and the filing
of a bond by the applicant. Every such display shall be handled by
a competent operator approved by the Inspector and the Chief of Police
and shall be of such composition, character and so located, discharged
or fired as in the opinion of the Inspector, after proper inspection,
and of the Chief of Police, shall not be hazardous to property or
endanger any person or persons. The Inspector and the District Fire
Chief shall be notified of the transportation route and storage location
of fireworks within any fire district. No fireworks shall be stored
within any fire district for more than 30 days prior to use.
(4)
Application for permits shall be made in writing at
least 30 days in advance of the date of the display. After such privilege
has been granted, the sale, possession, use and distribution of fireworks
for such display shall be lawful for that purpose only. No permit
granted hereunder shall be transferable.
(5)
The sale, possession, use and distribution of fireworks
for display purposes shall be conducted so as to be reasonably safe
to persons and property. Evidence that the sale, possession, use and
distribution of fireworks for display purposes have been conducted
in accordance with the applicable standard specified for Chapter 33,
Section 3301 to 3308, of the Fire Code of New York State shall be
evidence that such sale, possession, use and distribution of fireworks
for display purposes provide reasonable safety to persons and property.
(6)
The Inspector may adopt reasonable rules and regulations
for the use of model rockets. The design, construction and use of
model rockets shall be reasonably safe to persons and property. Evidence
that the design, construction and use of model rockets provides reasonable
safety in accordance with applicable standards shall be demonstrated.
(7)
The Inspector shall require a bond from the person
in a sum not less than $1,000,000 conditioned on compliance with the
provisions of this article.
(8)
Before any permit for a pyrotechnic display shall
be issued, the person, firm or corporation making application therefor
shall furnish proof of financial responsibility to satisfy claims
for damages to property or personal injuries arising out of any act
or omission on the part of such person, firm or corporation or any
agent or employee thereof, in such amount, character and form as the
Inspector determines to be necessary for the protection of the public.
(9)
Spraying or dipping operations utilizing, on any working
day, more than one gallon of flammable or combustible liquids.
K.
Storage, handling or use of Class IA and I liquids
in excess of one gallon in a dwelling or other place of human habitation
or in excess of six gallons in any other building or other occupancy,
or in excess of 10 gallons outside of any building, except that no
permit shall be required for the following:
(1)
For the storage or use of flammable or combustible
liquids in the fuel tank of a motor vehicle, aircraft, portable or
stationary engine, boat or portable heating plant.
(2)
For the storage or use of paints, oils, varnishes,
or similar flammable mixtures when such liquids are stored for maintenance,
painting or similar purposes for a period of not more than 30 days.
(3)
Storage, handling or use of Class II or III liquids
in excess of 25 gallons in a building or in excess of 60 gallons outside
of a building, except for fuel oil used in connection with oil burning
equipment.
(4)
The manufacturing, processing, blending or refining
of flammable or combustible liquids.
(5)
The storage of flammable or combustible liquids in
stationary tanks.
L.
For any building, shed or enclosure used as a place
of business for the purpose of servicing or repairing any motor vehicle
therein or where Class I or II liquids are sold to the public.
M.
For any person performing any fumigation or thermal
insecticidal fogging which is dangerous, noxious or poisonous to the
life or health of human beings or which constitutes a fire hazard.
All persons actually engaged in the work shall require a fumigation
or insecticidal fogging operators permit.
N.
Corrosive or oxidizing materials; radioactive materials.
(1)
Storage or handling of more than 55 gallons of corrosive
liquids, or more than 50 pounds of oxidizing materials, or more than
10 pounds of organic peroxides, or more than 500 pounds of nitromethane;
or more than 1,000 pounds of ammonium nitrate, ammonium nitrate fertilizers
and fertilizer mixtures; or any amount of highly toxic material or
poisonous gases.
(2)
Storage or handling at any installation of more than
one micro curie of radium not contained in a sealed source; or more
than one millicurie of radium or other radioactive material in a sealed
source or sources or any amount of radioactive material for which
a specific license from the United States Atomic Energy Commission
is required so as to be reasonably safe to persons and property. Evidence
that a specific license for the radioactive material has been obtained
from the United States Atomic Energy Commission in accordance with
the applicable standard shall be provided.
O.
Liquified petroleum gas.
(1)
For each installation of liquefied petroleum gas employing
a container or an aggregate of interconnected containers of over 500
gallons' water capacity (100 pounds) and for each permanent installation,
irrespective of the size of the containers. This shall include installation
of propane exchange operations, irrespective of the location and quantity.
(2)
Where the nature of an adjoining occupancy, proximity
of adjacent buildings or unusual conditions indicate the need, the
Inspector may require the submittal of plans to the Town of Cheektowaga
prior to making the installation, and if compliance with the requirements
of the Code is shown by said plans, a permit shall be issued.
(3)
Installers shall maintain a record of all installations
for which a permit is not required (but not including installation
of gas-burning appliances and replacing of portable cylinders) and
have it available for inspection by the Inspector or fire company.
P.
Storage of lumber exceeding 100,000 board feet.
Q.
For the melting, casting, heat-treating, machining
or grinding of more than 10 pounds of magnesium per working day.
R.
For the initial installation of an oil burner and
a fuel tank used in connection therewith that is in excess of 25 gallons
in a building or in excess of 60 gallons outside of a building. A
separate permit shall be required for the replacement of either the
oil burner or a fuel oil tank connected to an oil burner.
S.
For any organic coating manufacturing operation making
more than one gallon of an organic coating on any working day.
T.
For a place of assembly, defined as a room or space
or portion of a building used for gathering together 50 or more persons
for such purpose as deliberation, entertainment, dining, amusement,
or awaiting transportation. Such room or space shall include any similar
occupied connecting room or space in the same story, or in a story
or stories above or below, where entrance is common to the rooms or
spaces, shall be maintained, operated or used as such without a permit,
except that no permit shall be required for any place of assembly
used solely as a place of worship.
U.
For the manufacturing of matches or storage of matches
exceeding in aggregate 25 cases.
V.
For maintaining, operating or using a tent covering
an area in excess of 120 square feet.
W.
For the operation of a day-care facility, nursing
home or residential home care for five or more individuals, receiving
custodial care for less than 24 hours, except residential home care
as defined by the New York State Office of Children and Family Service.
X.
For the storage of calcium carbide in excess of 200
pounds.
Y.
For the operation of an acetylene generator having
a carbide capacity exceeding five pounds.
Z.
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 methyl acetylene-propadiene, stabilized; or 6,000 cubic feet
of nonflammable compressed gas.
AA.
Firesafety and property maintenance inspections:
[Added 12-7-2015 by L.L.
No. 9-2015]
(1)
Firesafety
and property maintenance inspections of buildings which contain an
area of public assembly at intervals not to exceed one year;
(2)
Firesafety
and property maintenance inspections of all multiple dwellings and
all nonresidential occupancies at intervals consistent with local
conditions, but in no event shall such intervals exceed one year for
dormitory buildings and three years for all other buildings.
[Added 12-27-2007 by L.L. No. 10-2007]
In order to protect the health, safety and general
welfare of the residents of the Town of Cheektowaga, the use of exterior
solid-fuel furnaces is not permitted within the boundaries of the
Town of Cheektowaga, exclusive of the Villages of Depew and Sloan.
