A Bureau of Fire Prevention is hereby established
which shall be operated under the supervision of the Fire Marshal.
There shall be appointed as many Deputy Fire Marshals as may be necessary
to assist the Fire Marshal in his duties. The Fire Marshal and his
deputies, if any, shall administer and enforce the Fire Prevention
Code of the Incorporated Village of Port Jefferson, including any
other code or sections thereof incorporated therein by reference,
and shall issue notices, orders, summonses and/or appearance tickets
and make inspection in connection therewith. The duties, other than
those duties provided for in this chapter, and the compensation of
the Fire Marshall and his deputies, if any, shall be as prescribed
and determined by resolution of the Board of Trustees.
The Fire Marshal and any inspector of the Bureau
of Fire Prevention may, at all reasonable hours, enter any public
or commercial building or premises for the purpose of making any inspection
or investigation which, under the provisions of this chapter, he or
they may deem necessary to be made.
Whenever the Fire Marshal or the Bureau of Fire
Prevention shall find, in any building or upon any premises, dangerous
or hazardous conditions or materials as follows, he or it shall order
such dangerous conditions or materials to be removed or remodeled
in such manner as may be specified by the Fire Marshal:
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 Port
Jefferson Fire Department or egress of occupants in case of fire.
F. The maximum number of occupants permitted within assembly
spaces shall be established by the Fire Marshall and shall be conspicuously
posted in each space, and shall not be exceeded. It shall be the responsibility
of the manager or person in charge to ensure that the occupant load
does not exceed the number established by the Fire Marshall.
[Added 3-10-1997 by L.L. No. 2-1997]
G. Any building or other structure which, for want of
repairs, lack of adequate exit facilities, 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.
Service of orders and legal process shall be
as follows:
A. The service of orders and legal process for the correction
of violations of this chapter or the service of notices, summonses
and/or appearance tickets for violations of this chapter shall be
made upon the owner, occupant or other person responsible for the
conditions, either by delivering a copy of the same to such person
or by delivering the same to and leaving it with any person in charge
of the premises, by affixing a copy thereof in a conspicuous place
on said premises. Whenever it may be necessary to serve such an order
by affixing a copy thereof in a conspicuous place upon said premises,
another copy thereof shall be mailed by certified mall, with return
receipt requested, within 24 hours of posting, to the person to whom
it is directed at his last known address or place of residence or
to the owner of the premises at the tax billing address on record
at the Incorporated Village of Port Jefferson.
B. If buildings or other premises are owned by one person
and occupied by another under lease or otherwise, the orders or notices
or summonses and/or appearance tickets for violations or legal process
issued in connection with the enforcing of this chapter shall apply
to the occupant thereof, except where the rules or orders or notices
of violations require the making of additions to or changes in the
premises themselves such as would immediately become real estate and
be the property of the owner of the premises. In such cases, the rules
or orders or notices of violations shall affect the owner and not
the occupant unless it is otherwise agreed between the owner and the
occupant.
C. Authorization to serve summons. Notwithstanding any provisions of the Uniform Justice Court Act, the Fire Marshal shall have the power to immediately issue and serve within the Village of Port Jefferson summonses, appearance tickets and/or subpoenas for violations of the Fire Code in cases arising in connection with the performance of his duties and violations of §§
245-17A,
245-19 and
245-27 of this Code. Such service shall have the same force and effect as if served by a peace officer without his being a peace officer.
D. Form of summons.
(1) A summons issued and served pursuant to this chapter
shall be returnable in the Village Justice Court on the first or third
Tuesday of any month at 7:00 p.m. and shall be substantially in the
following form:
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INCORPORATED VILLAGE OF PORT JEFFERSON
SUMMONS
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Village Justice Court
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Village of Port Jefferson
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121 West Broadway
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Port Jefferson, New York 11777
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YOUR ARE HEREBY SUMMONED to appear before the
Presiding Justice of the Incorporated Village of Port Jefferson at
121 West Broadway in the Village of Port Jefferson, County of Suffolk,
New York, on the __________ day of __________________, 19_____, at
_________________________p.m. to answer a charge made against you
for violation of Chapter ________________, Section _______________
of the Code of the Incorporated Village of Port Jefferson, in that
you did, on the ________ day of ________ _____________, 19 _______,
at (location)__________________________ commit the violation of ___________________________________.
Dated at Port Jefferson, N.Y. this ___________ day of ____________________________,
19 _______.
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(Authorized Signature)
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UPON YOUR FAILURE TO APPEAR, A WARRANT MAY BE
ISSUED FOR YOUR ARREST
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(2) This summons shall be in triplicate, with the original
being served upon the defendant, the second copy sent to the Court
along with the accusatory instrument and the third kept in the files
of the Fire Marshal.
The Bureau of Fire Prevention shall investigate
the cause, origin and circumstances of every fire occurring in the
Village of Port Jefferson which:
A. Results in injury or loss of life;
B. Is of suspicious origin; or
C. At the request of the Fire Department or Fire District,
needs investigating.
This chapter shall not be construed to subject
the Village of Port Jefferson or the Port Jefferson Fire District
or the Port Jefferson Fire Department, or any officers or employees
thereof, to any civil or other liability 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.
Whenever the Fire Marshall shall disapprove
an application or refuse to grant a permit applied for or when it
is claimed that the provisions of the chapter do not apply or that
the true intent and meaning of the chapter has been misconstrued or
wrongly interpreted, the applicant may appeal to the New York State
Regional Board of Review in accordance with its rules.