The Chief of the Fire Department shall detail a Fire Inspector or Inspectors to administer and enforce Chapter C of the Uniform Code and related provisions of the Uniform Code and Chapter 182, Housing Standards, of the City of Auburn Municipal Code relating to fire and life safety within the City of Auburn. However, such Fire Inspectors shall have complete power and authority to enforce all provisions of the Uniform Code and the Housing Code.
A. 
Purpose. A fire prevention 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 shall not take the place of any other license or permit required by law. It shall not be transferable, and any change in use or occupancy of premises shall require a new permit.
B. 
Inspection required. Before a permit may be issued, the Fire Inspector shall make such inspections or tests as are necessary to assure that the provisions of the Uniform Code are complied with.
C. 
Issuance; fee. All permits shall be issued by the City Clerk after the necessary approval as set forth in Subsection B of this section. The fee for each such permit shall be $25. This fee shall be in addition to the fee under any other local law or ordinance of the City of Auburn.
D. 
Nontransferable. Permits shall not be transferable, and any change in activity, operation, location, ownership, or use shall require a new permit.
E. 
Indefinite term; limitations. 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.
F. 
Activities for which permits required. 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).
(a) 
To store, keep or have on hand more than 25 pounds of cellulose nitrate plastics (pyroxylin).
(b) 
To manufacture articles of cellulose nitrate plastics (pyroxylin), which shall include the use of cellulose nitrate plastics (pyroxylin) in the manufacture or assembling of other articles.
(7) 
Combustible fibers. To store, handle, or use combustible fibers in quantities in excess of 100 cubic feet, except agricultural products on a farm.
(8) 
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.
(9) 
Compressed gases.
(a) 
To store, handle, or use at normal temperatures and pressures more than:
[1] 
Two thousand cubic feet of flammable compressed gas; or
[2] 
Six thousand cubic feet of nonflammable compressed gas.
(b) 
To store, handle, or use any quantity of liquefied natural or hydrogen gas.
(10) 
Cryogenics. To store, handle, or use cryogenic fluids, except cryogenics used as a motor fuel and stored in motor vehicle tanks, as follows:
(a) 
Production, sale, or storage of cryogenic fluids.
(b) 
Storage or use of flammable cryogenic fluids, cryogenic oxidizers, or liquefied oxygen in excess of 10 gallons.
(11) 
Dry-cleaning plants. To use in excess of four gallons of solvents or cleaning agents classified as flammable or combustible.
(12) 
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.
(13) 
Explosive, ammunition and blasting agents.
(a) 
To manufacture, possess, store, sell, or otherwise dispose of explosives and blasting agents.
(b) 
To use explosives or blasting agents.
(c) 
To operate a terminal for handling explosives or blasting agents.
(14) 
Flammable and combustible liquids.
(a) 
To store, handle, or use flammable liquids in excess of 61/2 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. This provision shall not apply to:
[1] 
Liquids in the fuel tank of a motor vehicle, aircraft, portable or stationary engine, boat, or portable heating plant.
[2] 
Paints, oils, varnishes or similar flammable mixtures, when such liquids are stored for maintenance, painting, or similar purposes.
(b) 
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. This provision shall not apply to fuel oil used in connection with oil-burning equipment.
(c) 
For the initial installation of an 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.
(15) 
Flammable finishing. For spraying, coating, or dipping operations utilizing flammable or combustible liquids.
(16) 
Fruit-ripening process. To conduct a fruit-ripening process using ethylene gas.
(17) 
Fumigation and thermal insecticidal fogging. To conduct fumigation or thermal insecticidal fogging operations.
(18) 
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.
(19) 
Junkyards. To operate a junkyard.
(20) 
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.
(21) 
Lumber yards. To operate a lumber yard.
(22) 
Magnesium. For melting, casting, heat treating, machining, or grinding of more than 10 pounds of magnesium per working day.
(23) 
Matches.
(a) 
To manufacture matches.
(b) 
To store matches in excess of 25 cases. (Note: One case equals one matchman's gross of 14,400 matches.)
(24) 
Organic coatings. To perform organic coating operations utilizing more than one gallon of organic coating on any working day.
(25) 
Ovens and furnaces. To operate industrial processing ovens and furnaces operating at approximately atmospheric pressures and temperatures not exceeding 1,400° 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.
(26) 
Places of assembly. To maintain, operate, or use a place of assembly.
(27) 
Service stations and repair garages. To operate a service station or repair garage.
(28) 
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.
G. 
Consolidated permits.
(1) 
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.
(2) 
Revocation of a portion or portions of such consolidated permit for specific hazardous materials or operations shall not invalidate the remainder.
H. 
Display of permits. Permits shall at all times be kept in a conspicuous place on the premises designated therein and shall be subject to inspection at all times by any officer of the City of Auburn Fire Department.
[Amended 1-18-2001 by Ord. No. 3-2001]
A. 
Periodic. The Fire Inspector shall conduct fire prevention inspections based upon a twelve-month schedule at premises that maintain the activities listed in § 125-42F for compliance with the provisions of the Uniform Code. Such inspections may be made at any reasonable time.
B. 
Refusal to admit; procedure. If entrance to make an inspection is refused or cannot be obtained, the Fire Inspector may apply for a warrant to make an inspection to any court of competent jurisdiction.
C. 
Inspection fees.
(1) 
The City Manager shall promulgate an inspection fee applicable to the inspections required herein to be posted in the office of the Fire Chief.
(2) 
Noncompliance fee. The noncompliance fee shall be the Fire Inspector's salary rate multiplied by the number of hours expended in reinspections after an order to correct has been issued (two-hour minimum) and shall be paid by the owner of the property. The first reinspection after the issuance of an order to correct will not be charged to the owner if the property is in compliance at the time of the reinspection. If the property is not in compliance at the time of the first reinspection, then the time involved in all subsequent reinspections shall be chargeable as a noncompliance fee.
A. 
Compliance with applicable laws. A person owning, operating, occupying or maintaining property or premises within the scope of Chapter C of the Uniform Code or this article shall comply with all the provisions of Chapter C of the Uniform Code, this article and all orders, notices, or determinations issued in connection therewith.
B. 
Issuance of violation order. Whenever the Fire Inspector finds that there has been a violation of Chapter C of the Uniform Code or this article, a violation order shall be issued to the person or persons responsible.
C. 
Violation orders; contents. 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.
D. 
Service of violation orders. Violation orders may be served by personal service; by mailing by registered or 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.
E. 
Appearance tickets. In case the owner, lessor, occupant or his agent shall fail, neglect or refuse to remove, eliminate or abate the violation within the time specified in the violation order, the Chief of the Fire Department and/or the designees of the Chief shall have the authority, as provided in Municipal Home Rule Law § 10, Subdivision 4(a), to issue appearance tickets in accordance with Article 150 of the New York State Criminal Procedure Law to enforce any statute, local law, ordinance or regulation relating to fire prevention and/or safety.
[Amended 1-18-2001 by Ord. No. 3-2001]
The Regional Board of Review established by the Secretary of State in Part 440 of Title 19 NYCRR shall exercise all powers and duties of reviewing any order or determination of the Fire Inspector made or taken pursuant to Chapter C of the Uniform Code in accordance with Section 440.4 of Part 440.
[Added 1-18-2001 by Ord. No. 3-2001]
A. 
There shall be two categories of penalties for violations of this article or for violations within the City of Auburn of those portions of the New York State Uniform Fire Prevention and Building Code pertaining to firesafety or fire prevention. The categories shall be:
(1) 
Violation with mandatory fines. Any person who shall violate any provision of this article, or for violations within the City of Auburn of those portions of the New York State Uniform Fire Prevention and Building Code pertaining to firesafety or fire prevention, and fail to comply with any order of the Fire Chief, Fire Inspector or designee shall be guilty of a violation, as defined in Article 10 of the Penal Law, punishable by a fine of not less than $50 for each day on which the violation exists and not more than $250 for each day on which the violation exists. Each day on which a person continues to violate said code is considered a separate violation.
(2) 
Misdemeanors. If injury occurs to any person or to property as the result of any violation of any provision of this article or for violations within the City of Auburn of those portions of the New York State Uniform Fire Prevention and Building Code pertaining to firesafety or fire prevention, the person who violated the provision of the code shall be guilty of a misdemeanor, punishable by a fine of not less than $500 and not more than $1,000 for each separate violation of the code and for each day on which the violation exists and further punishable by imprisonment for not more than one year. Each day on which a person continues to violate the code is considered a separate violation.
B. 
The imposition of a penalty for any violation of the fire codes shall not excuse the violation or permit it to continue, nor shall the imposition of a penalty prevent the enforced removal of prohibited conditions.