It is the intent of this code to prescribe regulations consistent with nationally recognized good 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.
A.
The provisions of this code shall apply equally to new and existing conditions except that existing conditions not in strict compliance with the terms of this code shall be permitted to continue where the exceptions do not constitute a distinct hazard to life or property in the opinion of the Chief of the Fire Department.
B.
Nothing contained in this code shall be construed as applying to the transportation of any article or thing shipped under the jurisdiction of and in compliance with the regulations prescribed by the Interstate Commerce Commission, nor as applying to the military forces of the United States.
The Chief of the Fire Department or any inspector thereof may, at all reasonable hours, enter any building or premises for the purpose of making any inspection, or investigation which, under the provisions of this code, he may deem necessary to be made.
It shall be the duty of the Chief of the Fire Department to inspect or cause to be inspected, by the Fire Department officers or members, all buildings and premises, except the interiors of dwellings as often as may be necessary for the purpose of ascertaining and causing to be corrected any conditions liable to cause fire or endanger life from fire or any violations of the provisions or intent of this code and of any other local law affecting the fire hazard.
Whenever any of the officers, members or inspectors of the Fire Department as mentioned in § 35-4 shall find in any building or upon any premises dangerous or hazardous conditions or materials as follows, he or they shall order such dangerous conditions or materials to be removed or remedied in such manner as may be specified by the Chief of the Fire Department.
A.
Dangerous or unlawful amounts 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 flammable materials.
D.
Accumulations of dust or waste material in air-conditioning or ventilating systems or of grease in kitchen or other exhaust ducts.
E.
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.
F.
Any building or other structure which, for want of repairs, lack of sufficient fire escapes or other exit facilities or automatic or other fire alarm apparatus or fire extinguishing equipment or by reason of age or dilapidated condition, or from any other cause, creates a hazardous condition.
G.
The storage of Christmas trees or greens in any building containing dwelling quarters of any description shall be considered the storage of flammable material, especially liable to fire and liable to endanger life, and such storage thereof shall be prohibited, but this provision shall not be construed to prevent the reasonable Christmas decorating of such premises.
The service of orders for the correction of violations of this code shall be made upon the owner, occupant or other person responsible for the conditions either by delivering a copy of same to such person or by delivering the same to and leaving it with any person in charge of the premises or, in case no such person is found upon the premises, by affixing a copy thereof in a conspicuous place on the door to the entrance of the said premises. Whenever it may be necessary to serve such an order upon the owner of the premises, such order may be served either by delivering to and leaving with the said person a copy of the said order or, if such owner is absent from the jurisdiction of the officer making the order, by sending such copy by registered mail to the owner's last known post office address.
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 the premises shall require a new permit.
B.
Before a permit may be issued, the Building Inspector, or his assistants, shall make or cause to be made such inspections or tests as are necessary to assure that the provisions of this Code are complied with.
[Amended 11-21-2006 by L.L. No. 5-2006]
C.
The Building Inspector may revoke a permit or approval issued if any violation of this Code is found upon inspection or in 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.
[Amended 11-21-2006 by L.L. No. 5-2006]
D.
The Board of Trustees shall by general resolution establish a fee schedule fixing the amount of fees to be paid to the Village for the licenses, permits, certificates or authorities required by this chapter. Such fee schedule so established may be amended from time to time by resolution of the Board of Trustees. No license, permit or certificate required by this chapter shall be issued unless the Village has received a fee prescribed therefor. All annual permits, certificates, licenses or authorities hereunder shall expire on December 31 of the year in which issued.
[Amended 5-7-1985 by L.L. No. 4-1985]
Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, have the meanings indicated in this section:
Accepted by the Building Inspector and Fire Inspector as a result of his/their investigation and experience or by reason of test, listing or approval by Underwriters' Laboratories, Inc., the National Bureau of Standards, the American Gas Association Laboratories or other nationally recognized testing agencies.
[Amended 5-18-2004 by L.L. No. 4-2004]
A system which automatically detects a fire condition and actuates a fire alarm signal device.
The time in hours that the material or construction will withstand the standard fire exposure as determined by a fire test made in conformity with the Standard Methods of Fire Tests of Building Construction and Materials of the American Society for Testing and Materials (ASTM E119).
Any container approved by the Interstate Commerce Commission for shipping any liquid, gaseous or solid material of a flammable, toxic or other hazardous nature.
Includes his duly authorized agent or attorney, a purchaser, devisee, fiduciary and a person having a vested or contingent interest in the property in question.
Includes a corporation and copartnership as well as an individual.
This Code shall not be construed to hold the municipality responsible for any damage to persons or property by reason of the inspection or reinspection authorized herein or failure to inspect or reinspect or the permit issued as herein provided or by reason of the approval or disapproval of any equipment authorized herein.