This article shall provide the basic method
for administration and enforcement of the New York State Uniform Fire
Prevention and Building Code in the City and shall establish powers,
duties and responsibilities in connection therewith.
[Amended 3-9-1996 by Ord. No. 96-02]
Except as provided in §
34-1 of this Code, the Fire Marshal is hereby designated to administer and enforce the New York State Uniform Fire Prevention and Building Code within the City.
The Fire Marshal, subject to the approval of
the Common Council, may adopt rules and regulations for the administration
and enforcement of the New York State Uniform Fire Protection and
Building Code. Such rules and regulations shall not conflict with
such code, this article or any other provisions of law. The Fire Marshal
shall publish all rules and regulations at least 30 days prior to
the effective date thereof in a newspaper of general circulation within
the City.
The Fire Marshal shall conduct periodic inspections
for compliance with the provisions of the New York State Uniform Fire
Prevention and Building Code. Such inspections may be made at any
reasonable time. If entrance to make an inspection is refused or cannot
be obtained, the Fire Marshal may apply for a warrant to make an inspection
to a court of competent jurisdiction.
The Fire Marshal shall keep official records
of all permits, inspection reports, recommendations, complaints and
violation orders.
The following provisions shall apply to the
storage of chemicals and pesticides:
A. Such substances shall be stored in a single isolated
building if possible. One area only shall be used for pesticide storage.
Herbicides shall be stored separately from other pesticides; a separate
room, cabinet or corner shall be used for pesticides.
B. The following shall apply if using existing buildings:
(1) Use a separate building if possible.
(2) If not, choose a wing or corner preferably on the
first floor with a window in it for direct access in case of fire.
(3) Do not store pesticides in the same area with or above
feeds or livestock or near other fire hazards such as ammonium nitrate.
(4) Be aware of potential runoff from fire fighting and
plan control through diking, collecting pools, etc.
(5) Ensure drainage away from building but minimize runoff
into sensitive areas.
(6) Install automatic sprinkler system and/or fire detector
alarm when large quantities of chemicals are to be stored.
C. Every business selling hazardous materials shall report
to the City Fire Chief on an annual basis. The date for filing to
be determined by the State Fire Administrator. (See General Municipal
Law § 209-U.)
D. The following rules shall apply to pesticide storage:
(1) Identify pesticide storage with prominent waterproof
signs over each entrance, including windows if present, and on all
sides of building as shown in NFPA Pamphlet 43A.
(2) Keep locked when not in use.
(3) Inform police, Fire Department and public health officials,
in writing, of the location and layout of the storage, types of materials
stored and hazards involved. Leave phone numbers of persons responsible
for storage with Fire Chief. Fire companies should map locations of
pesticide chemical storages in their respective areas.
(4) The owners must inform local physicians and hospital
of potential hazards and be sure they know how to treat the same and
that antidotes are on hand. The Clinical Handbook on Economic Poisons
should be available. Antidotes should include an adequate supply of
atropine sulphate and 2-PAM (Protopam chloride).
(5) Post a list of chemicals on outside of building, along
with storage plan. If a diamond symbol is used, this rating would
be common to most storages, as shown in NFPA Pamphlet 57.
(6) Obtain desirable fire-fighting equipment, familiarize
yourself and your help with its operation. Be sure it works, as shown
in NFPA Pamphlet 43A.
(7) Keep pesticide containers, particularly glass, away
from windows and out of the sun so they will not be subject to heat
and ignition.
(8) Do not store partly empty containers of pesticides
containing chlorates.
(9) Keep combustibles away from steam lines and heat.
Read labels for information on flammability and store accordingly.
(10) Store highly toxic pesticides in one area.
(11) Store herbicides separately from other pesticides
to prevent cross-contamination and to prevent mistakes in choice of
materials.
(12) Dispose of unlabeled pesticides. Treat them as highly
toxic.
(13) Keep quantity of hydrated lime on hand for detoxification
of spills.
(14) The following NFPA standards must be taken into consideration:
(a)
NFPA Pamphlet No. 43A, Storage of Liquid and
Oxidizing Material.
(b)
NFPA Pamphlet No. 49, Hazardous Chemicals Data.
(c)
NFPA Pamphlet No. 57, Appendix C.
(d)
NFPA Pamphlet No. 490, Storage of Ammonium Nitrate.
E. Registration of chemicals and pesticides. All storage
of chemicals and pesticides in existence on December 2, 1980, shall,
within 90 days thereof, be registered with the Fire Marshal or his
duly designated representative. A record of all storage of chemicals
and pesticides shall be compiled by the Fire Marshal or his duly designated
representative. An inspection will be made by the Fire Marshal's office
and a permit must be obtained by the owner, tenant or lessee.
[Amended 4-17-2012 by Ord. No. 12-01]
A completed application form and payment of
the fee must be submitted to the City of Oneida Clerk on the forms
provided by the City of Oneida Clerk. Upon approval of the Fire Marshal
or his duly designated representative, permits shall be issued by
the City Clerk who is hereby authorized to issue the same upon approval
by the Fire Marshal or his duly designated representative. The application
fee as prescribed by resolution of the City of Oneida Common Council
will be charged.
When more than one permit is required for the
same property or premises, a single permit may be issued listing all
materials or operations covered. Revocation of a portion or portions
of such consolidated permit, for specific hazardous materials or operations,
shall not invalidate the remainder.
Permits shall not be transferable and any change
in activity, operation, location, ownership or use shall require a
new permit.
Permits shall continue until revoked or for
a period of time designated at the time of issuance. An extension
of the permit time period may be granted provided a satisfactory reason
can be shown for failure to start or complete the work or activity
authorized within the required time period.
Permits shall be kept on the property or premises
covered by the permit or carried by the permit holder.
Permits may be suspended or revoked when it
is determined there is a violation of a condition under which the
permit was issued or there has been misrepresentation or falsification
of material facts in connection with the permit application or a condition
of the permit.