[HISTORY: Adopted by the Board of Trustees
of the Village of Brightwaters 1-7-1991 by L.L. No. 1-1991 (Ch.
40 of the 1972 Code). Amendments noted where applicable.]
It is the intent of this chapter to prescribe
regulations consistent with nationally recognized good practice for
the safeguarding, to a reasonable degree, of life and property from
the hazard 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 and, in so doing, to comply with the provisions of Article
18 of the Executive Law of the State of New York and all appropriate
codes, rules and regulations promulgated pursuant thereto. To that
end, the Village hereby adopts the New York State Uniform Fire Prevention
and Building Code in its entirety, except where the same is superseded
by the provisions of the Village of Brightwaters' ordinances, local
laws or rules and regulations enacted pursuant thereto.
This chapter shall be known and may be cited
as the "Fire Prevention Local Law of the Village of Brightwaters."
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 Code Enforcement Officer.
Unless otherwise expressly stated, the following
terms shall, for the purpose of this chapter, have the meanings indicated
in this section:
Accepted by the Chief Code Enforcement Officer as a result
of his investigation and experience or by reason of test, listing
or approval by Underwriters' Laboratories, Incorporated, the National
Bureau of Standards, the American Gas Association Laboratories or
other nationally recognized testing agencies.
The Chief Code Enforcement Officer of the Village of Brightwaters.
The Chief Code Enforcement Officer or a code enforcement
officer, as the sense permits.
The Division of Fire Prevention of the Village of Brightwaters.
The occupancy or use of a building or structure, or any portion
thereof, by persons harbored or detained to receive medical, charitable
or other care or treatment or by persons involuntarily detained.
The National Fire Protection Association, its standards and
its codes.
Includes the owner in fee of real property or of a lesser
estate therein, his duly authorized agent or attorney, a mortgagee
or vendee in possession, an assignee of rents, a purchaser, a devisee,
a fiduciary and any other person having a vested or contingent interest
in the property in question.
The Village Trustee having authority over the Division of
Fire Prevention.
The Village Board of Trustees of the Incorporated Village
of Brightwaters.
A.
There is hereby designated in the Village of Brightwaters
a Division of Fire Prevention and a public official in charge of such
Division to be known as the "Chief Code Enforcement Officer," who
shall be appointed by the Mayor with the approval of the Village Board
at a compensation to be fixed by it.
B.
The Chief Code Enforcement Officer and those acting
under him are expressly subject to the authority and direction of
the Supervising Trustee. All decisions made by the Chief Code Enforcement
Officer are subject to the consent and approval of such Trustee; and
wherever this code grants authority to the Chief Code Enforcement
Officer to make decisions concerning the application or enforcement
of this code, the same may only be made with the consent and approval
of such Trustee.
C.
Except as otherwise specifically provided by law,
ordinance, rule or regulation or except as herein otherwise provided,
the Chief Code Enforcement Officer shall administer and enforce all
of the provisions of the New York State Uniform Fire Prevention and
Building Code, Village ordinances and local laws and other laws, ordinances,
rules and regulations applicable thereto, as well as such other duties
as may be assigned by the Supervising Trustee from time to time.
D.
The Chief Code Enforcement Officer, with the approval
of the Supervising Trustee, may appoint one or more code enforcement
officers, as the need may appear, to act under the supervision and
direction of the Chief Code Enforcement Officer and to exercise any
portion of the powers and duties of the Chief Code Enforcement Officer
as he may direct. The compensation of such code enforcement officers
shall be fixed by the Village Board.
A.
The Chief Code Enforcement Officer or any code enforcement
officer 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, subject
to the appropriate provisions of law relating to searches and inspections.
B.
Public buildings not under the jurisdiction of the
Village as to construction shall not be subject to inspection or to
the terms of this chapter.
A.
It shall be the duty of the Chief Code Enforcement
Officer to inspect or cause to be inspected by code enforcement officers
all buildings and premises, except the interiors of one-family 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 ordinance affecting fire hazards. The code enforcement
officer making such inspections shall report any violations or conditions
alleged to constitute violations to the Chief Code Enforcement Officer.
B.
The Chief Code Enforcement Officer or a code enforcement
officer, upon the request of the owner or occupant or upon the complaint
of any person or whenever he shall deem it necessary, shall inspect
any buildings and premises within his jurisdiction, subject to the
appropriate provisions of law relating to searches and inspections.
Whenever any code enforcement officer shall
find in any building or upon any premises dangerous or hazardous conditions
or materials as follows, he shall order such dangerous conditions
or materials to be removed or remedied in such manner as may be specified
by the Chief Code Enforcement Officer. Such dangerous or hazardous
conditions or materials include the following:
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 combustible materials.
D.
Accumulations of dust or waste material in air-conditioning
or ventilating systems or of grease in kitchen or other exhaust ducts
or inadequate clearances to unprotected combustible materials from
hoods, grease extractors and ducts.
E.
Obstructions to or on fire escapes, designated access
openings in exterior walls for Fire Department use, 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 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.
A.
The service of process for violations of this chapter
shall be made upon the owner of record, as disclosed by the Village
Assessor's records, the occupant or any 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 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 such premises. Whenever it may be necessary to serve such
process upon the owner of a premises, such process may be served either
by delivering to and leaving with said person a copy of said process
or, if such owner is absent from the jurisdiction of the officer making
the process, by sending such copy by certified or registered mail
to the owner's last known post office address.
B.
If buildings or other premises are owned by one person
and occupied by another under lease or otherwise, the process issued
in connection with the enforcement of this chapter shall apply to
the occupant thereof, except where the rules or orders 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 shall affect
the owner and not the occupant, unless it is otherwise agreed between
the owner and the occupant.
A.
The Chief Code Enforcement Officer or his appointed
representative shall investigate the cause, origin and circumstance
of every fire occurring in the Village which is of suspicious nature
or which involves loss of life or injury to persons or by which property
has been destroyed or substantially damaged. Such investigation shall
be begun immediately upon the occurrence of such fire, and, if it
appears that such fire is of suspicious origin, the Chief Code Enforcement
Officer shall immediately notify the Suffolk County Police Department
of the facts. Said Police Department shall immediately take charge
of the physical evidence, shall notify the proper authorities designated
by law to pursue the investigation of such matters and shall further
cooperate with the authorities in the collection of evidence and in
the prosecution of the case.
B.
Every fire that occurs within the Village shall be
reported, in writing, to the Chief Code Enforcement Officer within
two days after the occurrence of the same by the code enforcement
officer in whose jurisdiction such fire has occurred. The report shall
be in such form as shall be prescribed by the Chief Code Enforcement
Officer and shall contain a statement of facts relating to the cause,
origin and circumstances of such fire, factors contributing to the
spread of the fire, injury to persons, the extent of the damage, the
insurance upon such property and such other information as may be
required.
C.
The Village Attorney, the Village Prosecutor and the
Suffolk County Police Department, upon request of the Chief Code Enforcement
Officer, shall assist the Division in the investigation of any fire
which, in its opinion, is of suspicious origin.
A.
The Chief Code Enforcement Officer shall keep permanent
official records of all transactions and activities conducted by him
and the code enforcement officers serving under him, including all
applications received, plans approved, permits and certificates issued,
fees charged and collected, inspection reports, all rules and regulations
promulgated by the municipality and notices and orders issued. All
such reports shall be public information open to public inspection
during normal business hours.
B.
The Chief Code Enforcement Officer shall annually
submit to the Village Board a written report of all business conducted.
A.
A permit issued by the Village pursuant hereto 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. Permits shall be required for
the manufacture, storage or sale of the following materials or the
conducting of the following operations. Fees for such permits shall
be fixed from time to time by the Village Board.[1]
(1)
Materials or operations for which permits are required
are as follows:
(2)
None of the above shall be permitted without the appropriate
permit issued by the Village.
[1]
Editor's Note: The current fee schedule is
available from the Village Clerk at the Village offices during regular
office hours.
B.
Before a permit may be issued, the Chief Code Enforcement
Officer or his assistants shall inspect and approve the receptacles,
vehicles, buildings or storage places to be used. In cases where laws
or regulations enforceable by departments other than the Division
of Fire Prevention are applicable, joint approval shall be obtained
from all departments concerned.
C.
All applications for permits required by this chapter
shall be made to the Chief Code Enforcement Officer in such form and
detail as he shall prescribe. Applications for permits shall be accompanied
by such plans as required by the Chief Code Enforcement Officer.
D.
Permits shall at all times be kept on the premises
designated therein and shall at all times be subject to inspection
by the Chief Code Enforcement Officer or any code enforcement officer.
E.
One permit only shall be required by establishments
dealing in or using two or more flammable, combustible or explosive
materials to be kept in the establishment at any one time, but each
of the materials shall be listed on the permit.
The Chief Code Enforcement Officer may revoke
a permit or approval issued if any violation of this chapter 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.
A.
Storage of flammable liquids in aboveground tanks is hereby prohibited, except as permitted by § 128-6H of the Code.
[Amended 8-4-2008 by L.L. No. 4-2008]
B.
Bulk storage of liquefied petroleum gases is hereby
prohibited.
C.
Storage of explosives and blasting agents is hereby
prohibited.
D.
Fueling/refueling in the marina is hereby prohibited.
Transportation of explosives and blasting agents
on streets and highways subject to the control of the Village is hereby
prohibited without a permit issued by the Chief Code Enforcement Officer.
Except as hereinafter provided, it shall be
unlawful for any person to store, offer for sale, expose for sale,
sell at retail or use or explode any fireworks, provided that the
Chief Code Enforcement Officer shall have the power to adopt reasonable
rules and regulations for the granting of permits for supervised public
displays of fireworks by the Village, fair associations, amusement
parks and other organizations. Every such display shall be handled
by a competent operator approved by the Chief Code Enforcement Officer
and the Suffolk County Police Department. Such display shall be of
such a character and be so located, discharged or fired as, in the
opinion of said persons after proper inspection, shall not be hazardous
to property or endanger any person.
The Chief Code Enforcement Officer shall have
the power to modify any of the provisions of this Fire Prevention
Code upon application, in writing, by the owner or lessee, or his
duly authorized agent, when there are practical difficulties in the
way of carrying out the strict letter of the code, provided that the
spirit of the code shall be observed, public safety secured and substantial
justice done. The particulars of such modification, when granted or
allowed, and the decision of the Chief Code Enforcement Officer thereon
shall be entered upon the records of his office, and a signed copy
shall be furnished to the applicant.
Whenever the Chief Code Enforcement Officer
shall disapprove an application or refuse to grant a permit applied
for or when it is claimed that the provisions of the code do not apply
or that the true intent and meaning of the code have been misconstrued
or wrongly interpreted, the applicant may appeal from the decision
of the Chief Code Enforcement Officer to the Board of Trustees of
the Village within 30 days from the date of the decision appealed.
The Chief Code Enforcement Officer shall determine
and specify, after giving interested persons an opportunity to be
heard, any new materials, processes or occupancies which shall require
permits in addition to those now enumerated in this chapter. The Chief
Code Enforcement Officer shall post such list on the bulletin board
in the Village Office and distribute copies thereof to interested
persons upon their request.
A.
Violation of any provision of this chapter or failure
to comply with any order of the Chief Code Enforcement Officer or
any code enforcement officer shall be unlawful and shall be punishable
in accordance with the provisions hereof.
B.
For any and every violation of the provisions of this
chapter, the owner, occupant, lessee or other person responsible for
such violation and anyone who takes part or assists in the commission
of such violation shall, for each and every violation and for each
and every day that such violation continues, be subject to a fine
of not more than $250 or 15 days in jail, or both. Penalties for such
violations shall be collected and violations shall be prosecuted in
the manner prescribed by law or ordinance effective in the Village
of Brightwaters.
C.
Any action or proceeding in the name of the Village
of Brightwaters may be commenced in any court of competent jurisdiction
to compel compliance with or restrain by injunction the violation
of any provisions of the New York State Uniform Fire Prevention and
Building Code, Village ordinances or local laws or any rule or regulation
relating thereto. Such remedy shall be in addition to any other penalties
prescribed by law.
It is the intention of this chapter to effectuate
full compliance in the administration and enforcement of the New York
State Uniform Fire Prevention and Building Code as enacted pursuant
to Article 18 of the New York State Executive Law and the codes, rules
and regulations thereunder enacted. In any event where any Village
ordinance or local law is deemed or found to prescribe standards less
than the minimum provided for in such state enactment, it shall be
deemed, for that purpose only, that the same is amended so that the
provisions thereof shall be the minimum standards provided by said
New York State Uniform Fire Prevention and Building Code.
