[Amended 12-18-1990 by Ord. No. 90-11; 10-15-1995]
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.
A.
The owner of real property containing premises in
which is located a solid fuel-burning-device shall register the device
with the Fire Marshal or his duly designated representative within
20 days of the latest of:
(1)
The effective date of this amended section; or
(2)
The date of acquisition of the device or of premises
containing the device; or
(3)
Completion of the construction of the premises containing the device prior to occupancy of the premises. This may be done in writing or by a telephone call to the Fire Marshal; in the latter case, the Fire Marshal shall confirm in writing that the device is registered. A record of all existing solid-fuel-burning devices shall be compiled by the Fire Marshal or his duly designated representative. An inspection will be made by the Fire Marshal's office of all solid-fuel-burning devices and the owner, tenant or lessee shall be notified of all violations in writing. Solid-fuel-burning devices previously registered with the Fire Marshal need not be reregistered, except that the provisions in Subsections B and C hereof shall remain applicable.
B.
The owner of any real property containing premises
in which is situated a solid-fuel-burning device, whether or not operable,
is hereby required to notify, in writing, the Fire Marshal at least
20 business days in advance of the proposed closing of sale (whether
by deed transfer or land contract) that such premises contain such
a device, that the premises are about to be sold, and stating the
closing date. The Fire Marshal shall thereupon inspect the device.
C.
The purchaser of real property containing premises
in which is situated a solid-fuel-burning device shall not operate
or permit such a device to be operated by any tenant, lessee or guest,
unless and until an inspection of such device has been made by the
Fire Marshal and operation thereof approved.
D.
"Solid-fuel-burning device," as used herein, shall
have the meaning prescribed by the New York State Uniform Fire Prevention
and Building Code and shall include any solid-fuel-burning heating
appliance, fireplace, wood stove, coal stove or solid-fuel-burning
furnace.
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.
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.
A.
A building or structure or part thereof, which is
an imminent danger to life and safety of the public is hereby declared
to be a public nuisance.
[Amended 4-3-2007 by Ord. No. 07-04]
B.
Whenever the Fire Marshal finds a building or structure,
or part thereof, to be an imminent danger to life and safety of the
public, the Fire Marshal, with approval of the Common Council, may
cause it to be demolished and removed or may cause work to be done
in and about the building or structure as may be necessary to remove
the danger.
[Amended 4-3-2007 by Ord. No. 07-04]
C.
The Fire Marshal may require the occupants of any
such building or structure, or part thereof, to vacate the premises
forthwith. No person shall use or occupy such building or structure,
or part thereof, until it is made safe. Except for the owner, no person
shall enter premises which have been ordered vacated unless authorized
to perform inspections or repairs or to demolish and remove such building
or structure or part thereof.
D.
All costs and expenses incurred by the City in connection
with any work done to remove the danger or in connection with the
demolition and removal of any such building or structure shall be
assessed against the land on which such building or structure is located,
and a bill for such expenses shall be presented to the owner of the
property, or if the owner cannot be ascertained, then such bill shall
be posted in a conspicuous place on the premises. Such assessment
shall be and constitute a lien upon such land. If the owner shall
fail to pay for such expenses within 10 days after the bill is presented
or posted, a legal action may be brought to collect such assessment
or to foreclose such lien. As an alternative to the maintenance of
any such action, the Fire Marshal may file a certificate of the actual
expenses incurred as aforesaid, together with a statement identifying
the property in connection with which the expenses were incurred,
and the owner thereof, with the Assessor, who shall in the preparation
of the next assessment roll assess such amount upon such property.
Such amount shall be included in the levy against such property, shall
constitute a lien and shall be collected and enforced in the same
manner, by the same proceedings, at the same time, and under the same
penalties, as is provided by law for the collection and enforcement
of real property taxes in the City.
[1]
Editor's Note: Former § 61-16, Review
board, as amended, was repealed 4-3-2007 by Ord. No. 07-04.
A.
A person owning, operating, occupying or maintaining
property or premises within the scope of the New York State Uniform
Fire Prevention and Building Code or this article shall comply with
all the provisions of such code, this article and all orders, notices,
rules, regulations or determinations issued in connection therewith.
B.
Whenever the Fire Marshal finds that there has been
a violation of such code, this article, or any rule or regulation
adopted pursuant to this article, a violation order shall be issued
to the persons responsible. Violation orders shall be in writing;
shall identify the property or premises; shall specify the violation
and remedial action to be taken; shall provide a reasonable time limit
for compliance; and shall state the time within which an appeal may
be taken. Violation orders may be served by personal service; by mailing
by certified mail; or by posting a copy thereof in a conspicuous place
on the premises, and by mailing a copy thereof to the premises on
the same day as posted, enclosed in a postpaid wrapper addressed to
the person responsible. In case the owner, lessor, occupant or the
agent of any of them shall fail, neglect or refuse to remove, eliminate
or abate the violation within the time specified in the violation
order, enforcement procedure shall be initiated by the Fire Marshal's
office, pursuant to provisions of this article.
C.
Failure to comply with any provision of the New York
State Uniform Fire Prevention and Building Code, this article, rules
or regulations adopted pursuant to this chapter or a violation order
shall be a misdemeanor. An action or proceeding in the name of the
City may be commenced in any court of competent jurisdiction to compel
compliance with or restrain by injunction the violation of any provision
of the New York State Uniform Fire Prevention and Building Code, this
article, rule or regulation adopted pursuant to this chapter or a
violation order, or to vacate the occupancy or building in the case
of imminent danger to life or property. Such remedy shall be in addition
to penalties otherwise prescribed by law.
A.
Permits shall be obtained for the following:
(1)
Acetylene generators: To operate an acetylene generator
having a calcium carbide capacity exceeding five pounds.
(2)
Automobile tire rebuilding plants: To operate an automobile
tire rebuilding plant.
(3)
Automobile wrecking yards: To operate an automobile
wrecking yard.
(4)
Bowling establishments: For bowling pin refinishing
and bowling lane resurfacing operations involving the use and application
of flammable or combustible liquids or materials.
(5)
Cellulose nitrate motion-picture film: To store, keep
or have on hand more than 25 pounds of cellulose nitrate motion-picture
film.
(6)
Cellulose nitrate plastics (pyroxylin):
(7)
Chemicals or pesticides: To store chemicals or pesticides.
(8)
Combustible fibers: To store, handle or use combustible
fibers in quantities in excess of 100 cubic feet, except agricultural
products on a farm.
(9)
Combustible materials: To store combustible materials,
including but not limited to empty combustible packing cases, boxes,
barrels or similar containers, rubber tires, baled cotton, rubber,
cork or other similar materials in excess of 2,500 cubic feet gross
volume, on any premises.
(11)
Cryogenics: To store, handle or use cryogenic fluids,
except cryogenics used as a motor fuel and stored in motor vehicle
tanks, as follows:
(12)
Dry-cleaning plants: To use in excess of four gallons
of solvents or cleaning agents classified as flammable or combustible.
(13)
Dust-producing plants: To operate any grain elevator,
flour, starch or feed mill, woodworking plant or plant pulverizing
aluminum, coal, cocoa, plastics, magnesium, spices, sugar, sulfur
or other materials producing explosive-potential dust.
(14)
Explosives, ammunition, blasting agents, and fireworks.
[Amended 4-2-2019 by Ord. No. 19-01]
(15)
Flammable and combustible liquids:
(a)
Flammable liquids.
[1]
To store, handle or use flammable liquids in
excess of 6 1/2 gallons inside dwellings; or in excess of 10
gallons inside any other building or other occupancy; or in excess
of 60 gallons outside of any building.
[2]
The provisions of Subsection A(15)(a)[1] above shall not apply to:
(b)
Combustible liquids.
[1]
To store, handle or use combustible liquids
in excess of 25 gallons inside a building or in excess of 60 gallons
outside of a building.
[2]
The provisions of Subsection A(15)(b)[1] above shall not apply to fuel oil used in connection with oil-burning equipment.
(c)
A permit shall be obtained for the initial installation
of any oil burner and a fuel oil tank used in connection therewith.
A permit shall be required for the replacement of a fuel oil tank
connected to an oil burner.
(d)
For processing, blending or refining of flammable
or combustible liquids.
(16)
Flammable finishing: For spraying, coating or dipping
operations utilizing flammable or combustible liquids.
(17)
Fruit ripening process: To conduct a fruit ripening
process using ethylene gas.
(18)
Fumigation and thermal insecticidal fogging: To conduct
fumigation or thermal insecticidal fogging operations.
(19)
Hazardous chemicals:
(a)
To store, handle or use 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 50 pounds
of nitromethane; or 1,000 pounds or more of ammonium nitrate, ammonium
nitrate fertilizers and fertilizer mixtures containing 60% or more
ammonium or any amount of toxic material or poisonous gas.
(b)
To store, handle or use any quantity of air
reactive, water reactive or unstable materials.
(20)
Junkyards: To operate a junkyard.
(21)
Liquefied petroleum gas: For each installation of
liquefied petroleum gas employing a container or an aggregate of interconnected
containers of over 2,000 gallons' water capacity, and for each permanent
installation, irrespective of size of containers, made at buildings
in which 20 or more persons congregate for civic, political, educational,
religious, social or recreational purposes. Installers shall maintain
a record of all installations and replacement of portable cylinders
and have it available for inspection.
(22)
Lumberyards: To operate a lumberyard.
(23)
Magnesium: For melting, casting, heat treating, machining
or grinding of more than 10 pounds of magnesium per working day.
(25)
Organic coatings: To perform organic coating operations
utilizing more than one gallon of organic coating on any working day.
(26)
Ovens and furnaces: To operate industrial processing
ovens and furnaces operating at approximately atmospheric pressures
and temperatures not exceeding 1,400º F. which are heated with
oil or gas fuel or which during operation contain flammable vapors
from the material in the oven or catalytic combustion system.
(27)
Places of assembly: To maintain, operate or use a
place of assembly.
(28)
Service stations and repair garages: To operate a
service station or repair garage.
(29)
Solid-fuel-burning device: Including but not limited
to wood stoves, coal stoves or the burning of any substance other
than liquid or gas.
(30)
Welding and cutting: To operate a welding and cutting
business. A record of all locations where welding or cutting operations
are performed shall be maintained and kept available for inspection
by the permit holder.
(31)
Tents:
(a)
Permits shall be issued for a maximum of 30
days.
(b)
Adequate exits shall be provided as per inspection.
(c)
No portable heaters to be used in tents.
(d)
All exits and aisles shall be kept clear at
all times.
(e)
Approved extinguishers shall be provided.
(f)
"No Smoking" signs shall be posted inside tent.
(g)
All decorative material, if used, shall be of
flameproof material.
(h)
Evidence of fire flameproofing and insurance
shall be provided to the Fire Marshal's office.
(i)
Subject of this permit shall be open to inspection
by the Fire Department at any time.
[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.
